Beijing Heng night

Legal person Salon 

Host: Beijing Heng Law Group

Host: Chen Youxi

Time:2012Years4Month28Day and night7When to11When the

Kempinski Hotel Xi'an

 Speaker: the first half:

He Bing, Yuan Yulai, Zhang Peihong, autumn

Li Zhuang, Zhou Ze, Duan Wanjin, Chen Youxi

 

Chen Youxi.Hello, welcome to all the distinguished guests and lawyer friend, scholars and entrepreneurs to today's Beijing Heng night legal person salon.

From all over the country so many guests need to communicate with each other, especially the need to exchange ideas. Can we put so many celebrities invited to work together, to share their current name high perspicacity on some important issues, like, including their "talk show". So we Beijing Heng Law Group, will create such a chance tonight. Today is our Beijing Heng Law Group rented a room, invite you to the Beijing Heng night legal person salon. So all the activity tonight, be in charge of by our Beijing Heng Law group. So today is mainly a kind of friendship, a friendship, Chinese private economy legal protection can with what we are discussing today, may also with the legal limits of our crime, including the case of Guiyang, Chongqing and so on, communication can be relatively free, issues can be widely. Everyone can start to talk about, and welcome to interact.

The first speech is he Bing Professor, please.

 

He bing:I focus on Lawyers,Li Zhuang is from the beginning of this case. Previously, we have been the research perspective, focusing on the judges of this block. Now, Chen Youxi is the world famous, but we do not know him. Li Zhuang after the incident, the CCTV "news1+1"Call me to comment on the scene. Is a direct, the site allows you to speak before taking office, Dong Qian said to me, say Teacher He, you want a steady today. I said, I know.

I look at the small clip at. Gong Gangmo said: Li Zhuang is in jail and I talk, give me a wink. I think, he might let me perjury. I thought, if it can be identified as to perjury, not trouble you. Later, I according to Dong Qian mean, very secure said one sentence: the evidence Li Zhuangfang did not come out, based on current evidence, I can't believe Li Zhuang guilty. Second, an ideal justice, there should be a tough prosecutor and has a strong team of lawyers. Today I see the prosecutors more powerful, I want a more powerful lawyers to appear.

After that, I was really concerned about Li Zhuang in this case. A trial, I know, all these years of academic study out of a big problem. We have not to study law, not to support the law, no cry for lawyers. In a certain sense, let the lawyers emerge of itself and perish of itself. I said later, scholars to do deep introspection. In the judicial scales, the prosecutor is organized, the judge is organized. The team of lawyers, itself is a vulnerable groups, this is a very realistic. From that time I always cry for lawyers, Li Zhuang case is a watershed. 

Chen Youxi.Li Zhuang went in, Chen Youxi. This is what the soldiers in the "decision" forum hosted Jimen, gave me the crown. Later, the law, the people's court newspaper "" this phrase as the title of the article reports. Thank you for your soldiers so flattering me. But a lot of people say Li Zhuang inside, Chen Youxi out, if I go in. Today, Li Zhuang is out. 

He bing:The lawyers public protest, is a good phenomenon. Now many lawyers a fight. Because from the market behavior, many lawyers to see. See these people against the lawyer did not trouble, did not catch. I believe, there will be more lawyers will choose such an action. One is based on morality, the other is based on market behavior. The lawyer team Chinese rule of law is a very important force, must support. Another is the professors. After Li Zhuang case, I found a new phenomenon, jurist circle, bold up. , one is he, I is one of them. Dare to criticize. Now the child the teacher began to bet. I see, our law school of young scholars, have spoken in micro-blog, for example Wu Danhong. The ban micro-blog, he went straight out. He said, however, blocked Teacher He is wrong. The law now is from the thought, into action. My micro-blog was blocked for a while, I see no reason. Sina told me, said Teacher He, you might as well make a vest for a while. I said no.. I am a professor, was a member of the Communist Party, and not the opposition. Why in a sneaky way? I said, I don't do that. I have faith in democracy and the rule of law Chinese very. We join hands together, steady, orderly promoting socialist democracy and legal system construction. 

Chen Youxi.He BingProfessor interpretation of "presentation this morning Maitan Weng", in Xi'an of Datang Changan, Tang Dynasty style, with Chinese market economy, private economy and the urban management law enforcement link, "dancing two ride is who, yellow clothes messenger mourning clothes." Very exciting. Night time is tight, no time to let him out. The scene today, and the Shanghai lawyers of the rookie, a criminal defense lawyer is very powerful, just from the America visiting scholar Zhang Peihong back. He is one of the few young people I really admire. We asked him to speak now. 

Zhang Peihong.The meeting despite only opened1/3This evening, but through the two half of the activity, I feel the purpose is reached. Before the meeting, I give the topic is "the definition and protection of private property", in fact this is a very vague topic, basically what all can speak.

The last two months, the most resounding whole world have two events, one of which is Chongqing, this series of events. Today I want to say is from2Month4To start a month ago, let the other person has caught the attention of the world, another thing, is the Chinese basketball star Jeremy Lin. Jeremy Lin in his red with an ad, this ad is a Volvo car. When a reporter asked him why he chose the Volvo cars as the first commercial advertising in his life, he said I was mainly considered Volvo cars have the use of child labor, Is it right? A sweatshop, turns out it's not, so to speak for them.

It reflects a what kind of information? Because Jeremy Lin is a christian. The Christian view of wealth with other people especially those people who believe in nothing is different from. In the Christian faith basis for the country, generally is not absolute in the sense of ownership of property, the Anglo American law, the property is usedProperty, rather than ownership of the continental lawOwnership, why is there such a difference? It is because in the Christian countries, it has a basic belief, is the property is God's gift to you, let you use it to serve the society. So in the "Bible", we see God kept saying, you humans living in the earth, is the traveler. In all, today is you, tomorrow is not necessarily. The house we meet, it seems the Kempinski, several years ago, who, after a number of years and who, say not clear. So in the Christian faith, their property to access our understanding, and thus lead to the protection of property rights are not the same concept.

To many major suit lawyers today, especially the West did such a thick book "folk origin and judicial financial risk regulation" project. If say, a private entrepreneur to study law to give out such a strategy, strategy, plan or proposal, apparently to protect his property rights, should have some help, but to say truly, thoroughly solve the problem, I don't think so. Chinese is not a saying called "impossible to guard against"?

This relates to a related issue, what kind of property is the real security? I've got to go back to the Christian discourse system, share some special information with you. Marx-Webb in his book, talked about the relationship between the rise of capitalism and Christianity, are as follows: the money desperately, desperately trying to save money, money, the glory of god. But in reality, in the context in China desperately, this word is not appropriate, many problems Chinese is just too much, too Yu Qiucheng, too care about the present. In fact, in the same logic, I want to say is: some of the money is not earned, some things are not done, to live a life of abstinence, creating a restrained industry, engage in a restrained competition. Only with this mentality, you win or hold the property, to work for you, it is really safe.

So my personal opinion, as an atheist country, we are faced with many difficulties, there are such risks. We have a property in a certain sense, is actually the movable property, even if it takes a high price to purchase the property, is also likely to be in your life has no end, have to re evaluate its owner.

In this case, perhaps it is time to change an angle to think. Our business operators or, our lawyers or property, why risk so big? Because we have a handle, because of our excessive competition, because we are in the process of acquisition of property, hurt other people's rights and property. We destroyed the natural environment, we damaged the relations between person and person, if we are even cultivates an irresponsible management group. Ultimately turned out to be like this: We gather, discuss the issues such as property rights protection surface.

Our lawyer, also is a small entrepreneurs, we are all in the business, income, we calculate the income and expenditure. Therefore, we should also pursue the life of abstinence, the pursuit of a permanent. In this way, not only our property is safe, we also have real peace. Thank you! 

Chen Youxi.I found to USA now have this disease, to America back into a christian. Si Weijiang American back with me, Christian thoughts to promote justice and democracy. This point I still did not fully understand. Chinese many famous lawyer, I have some good friends, are converted to christ. I find that we are fighting but Christian atheism. World culture broad and profound, various cultural needs tolerance and understanding. Please have the following the Unirule Institute's new chairman Mr. wind, he is the study of classical economics, recently paid particular attention to Confucius, asked him to share his thoughts. 

Autumn wind.Thank you my dear friends, I am a Confucian believers, so I can speak a little from this angle. In fact, this morning the talk is also such a theme, I changed a theme, the Confucian understanding of the law, and such an understanding of what it means for us now to understand the law.

The Confucian view of law, the past100There is a lot of misunderstanding, or say, the teaching books of Confucianism in the view of law, and the Chinese traditional legal system description, it seems to me that most are in fact wrong. It should be said, we are not entering the traditional China social governance context, not to sympathetic understanding attitude to recognise it. Past times100In process of establishing the modern legal system, waste a lot of wisdom, Confucianism has a lot of wisdom, but neglected, even trampled. China past100Years of construction of the legal system, the emergence of a lot of repeated, but with this great relationship.

This100On the understanding of the law, lack of culture, we turn to the rule of law as a concept, as foreign, our task is to learn, to learn the legal concept, Western ideas of rule of law. The study certainly is necessary, but, how to learn? At least we need to pay attention to, such learning for elites, to accept the higher education very good people, perhaps is not difficult, but for the small elite circle of people, it is not easy. For example, a lawyer for the understanding of the law and the understanding that there will be a great deviation, or say, lawmakers, the understanding and the majority of the people, that is ruled by law of ordinary people to understand, but also a serious deviation, such deviation makes you laws with life, between the big disconnect. Take a simple example, for example, we formulated the "property law", but, don't say farmers, is an educated, but non legal professional people, basically cannot read "property law" what say, such a law can not as the foundation of the rule of law? I remain skeptical about this. The essence of the Wu Ying case is, the so-called modern financial law enacted by learning from the west, what Is it right? Legal? Such laws have not qualified management activities of Wu Ying?

This example illustrates, China past100Years from the legislation to the law there is great difference, I think, is time to reflect on this, what to do after the reflection? To go back to make the greatest efforts to understand, what is the Chinese understanding of law? We have developed Chinese familiar legal; or if they are not familiar with, but you get it published, they can easily understand the law? Of course, this is a big problem, to solve this problem, the need for a reconstruction of the philosophy of law and jurisprudence.. What is the law? We have too much to accept the European definition, while ignoring the law from life to find such an idea, what is the traditional China legal idea? The so-called "heaven, marginal people". Past times60Over the past year, or100Years, jurist, lawmakers there is no heaven, no attention to people.

I'm willing to from the construction angle to talk about this problem. Legal person as a social elite, first of all to have a recognition of their own culture and spirit, you should be clear, the law is not to think it out for yourself, not by constructing knowledge out of the combination of heaven with man, but should be in exploration. Of course, what is the day? What are the people? Zhu Suli said, such as Guizhou a copycat custom is the people, I don't agree. However, we should have a people oriented intention, for heaven to explore the feelings. With such an intention, whether in legislation or in the judicial process, would have a humility and awe. You know, actually this law is not only the words written on paper, it's behind a living life, people with ideas and people's value, some people imagine for a better society, all these elements need to introduce our legislation, introduced to the judicial decision, the debate process including our legal people in. In this way, the law will beyond the page, but the real life with establish organic relation. This law will make our life more beautiful, rather than trying to replace the life. 

Chen Youxi.Thank you for the autumn windThe teacher, he talked about the relationship between Confucianism and law, about heaven and public opinion. Jiang Zemin once said, ". With the rule of law, what is the relationship, then caused a controversy. The rule of virtue and the rule of law, Confucius advocated virtue, or the rule of law, have long debated. He worked as a Si Kou, sheriff. In fact, we Chinese very entanglements, always say the continental law system, Anglo American Law of our influence, we began to learn from the university. In fact Chinese more important influence, there is a Confucian law, Chinese legal system. A lot of feudal law tradition and consciousness, and now are deep-seated influence our. Below please lawyer Duan Wanjin. He is our hero of this forum, no he is not the party. His article was well written, I often watch, remember there is a mountain called "thousand Road, with Yang in January", very poetic, but also very philosophical. We welcome him. 

Duan Wanjin.Since Chen teacher said I had written a blog, called "mountain thousands of road, with back in January". We invited guests today as well as the participants, also fully explain the meaning of the poem. My guest today: first, economists; second, jurist; third, lawyers; fourth, entrepreneurs, of course, there are friends from the press. I think in a real rule of law society, the occupation groups, in fact he is a typical representative of a private right, even with a Confederate role. Today's meeting is one of the largest benefits, we can meet at some online imaginary friends, today is my first time to see Siwei River bar, the first time he saw me, what is reflected? He said you look than the photo. I almost give my greetings, how do you look thinner than photos. But I did not say it, in fact, I was more concerned about his waist.

We as a lawyer, for freedom, democracy, rule of law, is a natural pursuit. But after I do so many years of lawyer, I found our lawyers only on the political level, the legal level, sometimes very feeble. I realize, implementing the law effectively, or to develop a good law, to make it effective implementation, there must be a solid privacy, privacy protection to solid a foundation. So I sometimes inadvertently put a lot of research or attention to privacy concerns, especially private enterprises in this piece. Our main customers as a collective or enterprise, is mainly the private enterprise customers, I doesn't like to administrative organs and state-owned enterprises to service, to the administrative organ or state owned enterprise to service, the inside of the unspoken rule too much, but to the private enterprise service I'll clean, as long as the private enterprises Mister believe I, that our relations are very good, I do not have any risk of law. Today Hancheng the Yellow River mineral company chairman Li Baoping's speech, very shocked. I think he is one of the typical representative of China private entrepreneurs is very good today, the chairman Li Baoping impromptu speech, I believe that from a private entrepreneur perspective, he has conquered all of us here today, I have a more profound understanding of him, I for our China private entrepreneurs have also been more full of confidence.

We China private economy, non-public economy, private ownership problem is in fact the most essential, but we didn't like this word, so we call it the non-public economy, private economy.

The private economy from the history of the world, no country in the developed world, power, it is to rely on public ownership, state-owned enterprises to engage in such a powerful country. We Xi'an some time ago, the introduction of SamSung group, the media reported the SamSung group greatly in Xi'an, of course, the official put it to report as a very positive news, but not behind the people know, is located in Xi'an Samsung us, we City Hall Xi'an and our Shaanxi province government how to pay. The price. Samsung Group, from the concept we China on, it is the private economy, rather than the state-owned economy, the Samsung Group is only in the last century60,70A private enterprise in the growth, development, growth, only through the decades, people have built up a large Multi-National Corporation economic empire. Any country on the world, his Multi-National Corporation, everything is a private enterprise, our definition of private enterprises, this is from the perspective of the international.

From our home this30Years of economic development, we have the history of reform and opening up, is in fact a release private history. I remember when I was young, the family was poor, the poor in my childhood memory is very profound, when our workers, farmers, what are their property,80The old lawyer he had this kind of experience,80In case Party to party agents, there is no property at home. Our reform and opening up30In the middle of, what is the economic cause Chinese30High speed development, years of very clearly, is still the private economy.

So from the domestic, foreign and domestic development of the history of the world, just us30Years history of reform and opening up, it can fully prove, national prosperity, to develop, to truly rise, from the economic base level, must depend on the private economy. But our private economy now suffered bottleneck we on the system, because our law is the public ownership as the mainstay, non-public as supplement, you this box does not pass, so now you have no way of development, the private economy and state-owned economy from the reform and opening up, development to the present, the private economy gradually the development of large, collision it development strong and the system has reached its peak, if can break up, private economy will jump, ensure China future20,30After years of economic growth, so this is a breakthrough concept. The breakthrough could we think behoove things now, but in the10Years ago,20Years ago, who want to bring up it is a ground breaking event. For example, the reform and opening up began to Deng Xiaoping put forward, let some people get rich first, this time just accept the cultural revolution, let some people get rich first, which at the time was the things, but for us it is a natural thing. But we also appeared in the planned economy and the market economy choice, when Deng Xiaoping put forward is the market more or plan a little more, is not a fundamental difference between capitalism and socialism. General Secretary Jiang Zemin put forward three representative, greatly expanded the ruling foundation of the party, he put the majority of private entrepreneurs to absorb the party.

 But now it is facing the state-owned economy and private choice, my view is that the private economy and state-owned economy a little more, not decide whether we difference between socialism or capitalism, we have confirmed that the socialist market economy, we will be in the primary stage of socialism, we can go much further, our country Is it right? In eighteen, there is a theoretical breakthrough, we should in the long historical period to allow private economy is in the leading position of the national economy, and let the state-owned economy is subordinate, who is not willing to do the field of private economy, I think the idea is not to break it, our political system reform in the next no way to move forward.

From my point of view, if we next idea breakthrough, since it has been established the theory of the primary stage of socialism and long-term, I think we can in the long period of time, let the private economy occupies the leading, make state-owned economy retreated to a secondary position, only the theoretical breakthrough, our central enterprises monopoly reform, reform our state-owned system, these things would be undertaken immediately, because of you the problem is not solved, the conservative group, they will be based on this theory, resist reform, they will think you are a wrong route, to resist, to solve a this problem, solve a high-level understanding, the following questions, interest group and powerful, it can not resist, so we have to solve the problem from the top.

And the private economy occupies the dominant position, because the private economy is the competition between the equal main competition in the market, not the private economy and state-owned economy competition, so it is the law of rules, inherent pursuit and demand will be vigorous, from the endogenous impetus of our democracy and the rule of law.

We state public power, why is it so difficult to be locked in cages? One is because the power is immense, another is because others, power boundless rely on legislation on democratic, rich is rich material economic basis, one is because the tax, another reason is that governments have a large state-owned enterprises, therefore, to form a weak government a service, it must get rid of his economic foundation that is, be the first to bear the brunt of state-owned enterprises.

We often speak of democracy and the legal system of lawyers, you think about it, if a society is a very big difference between rich and poor, you suddenly give it a democracy, universal suffrage, or become a populist, consequences be unbearable to contemplate the is. So I don't want very intense for a general election now, but I must from the economic system, from our economic base gradually to change our economic base, the subordinate status, will maximize the wealth among the people, strengthen the middle class, provide a strong foundation for democratic elections.

In a word, in my opinion, we should not be too fierce and should only be moderate democratic election, we should follow the previous basis, method, to find a mutually acceptable and I think, in the initial stage of socialism, the long-term for private economy to occupy the main position, the state-owned enterprises to take a back seat, is a the best choice, radicalism kill people, history we have suffered too much. Thank you! 

 He bing:First, about the socialist sector of the economy, with the state-owned economy to have proportional relationships, it's bullshit questions. Second, the socialism and capitalism as a corresponding concept, this is bullshit. The first is the concept of socialism, individualism, second is the nationalism, the middle is a socialist. Too much emphasis on the individual struggle, emphasis on self protection, it is of extreme individualism. This kind of extreme individualism, will lead to excessive competition between people and people, people will be regarded as competitors. The other is nationalism, all depend on the state, national monopoly problem. So in the middle of the country and individualism, there is such a kind of socialism.

I have a lecture to the outside, I wanted to tell the judicial reform. Please I lecture said, you can't tell us the socialist legal concept Teacher He. What I found, I say this is not my specialty. I don't know. Then I give my students call, he specifically about socialist legal concept. I make a phone call. I say, brothers in a hurry, please tell me with the most short time, what is the socialist legal concept, he said, I don't know the socialist legal concept. The real socialist legal system, the first social equality; second social solidarity; third social security. 

Chen Youxi.I have two words to tell you, the obedience is the socialist legal concept.

In the US, there is a special challenge government person with government agencies, the original bored him, always looking for trouble. The lawsuit hit more experience, now came out, grace also came out, the relationship between the government and better. He is Yuan Yulai. Fame, the shelf is also large, generally do not participate in the conference, not speech. This time he came. We asked him to speak. 

Yuan Yulai.After listening to me to stop the morning meeting, feel very humbled. Because I have not put administrative organs seriously, but I didn't say the government seriously. I generally speaking is more professional, the morning of the legal community, entrepreneurs are telling the macro.

I first talk about the "private", "private" that I think it is a word very bad, let a person a word is very heavy, private is aimed at state-owned, state government business, government and the public relations between people, is a service one is to do business. Strictly speaking, the state system of sound or the rule of law in developed countries, to consider is what can let state-owned or state-owned do a little, for example, the people's livelihood, private may lead to monopoly, price and quality are unable to control, the country will run.

We say one word, China situation is very special, I think people do not special, very special government.

Administrative reconsideration is to his father's place to his son, and his father is not responsible for his son's behavior, administrative integration, the administrative system of the government, you should be on the Council or people or to vote for, so his father would take him the son of good. (lawyers chipped in: administrative litigation is the place to tell father to son.) But this place is not the same as the constitution, administrative organs shall report to the local people's Congress to work, the State Council is responsible to report to work, but actually they are not responsible, so it is of such a nature of the problem, the administrative reconsideration you should not.

2006Years12Month, started a pilot of the administrative reconsideration committee. That is to say, the experts and scholars to form the administrative reconsideration committee, to discuss the case. Arrived2008Years, the pilot extended to8A province, Legal Affairs Office of the State Council Legislative Affairs Office of the State Council issued "to carry out the pilot work of administrative reconsideration committee in the municipalities directly under the central part of the province," the notice. There are a number of media interviews I.

This is actually the "administrative appeal law" provisions of the Taiwan. Taiwan "administrative appeal law" article52The provisions of the authority for the "petition events, should set up an administrative appeal review committee members, with legal expertise as principle./Members of an administrative appeal Review Committee, by the authority of senior staff and recruitment of social justice professionals, scholars, experts; the social justice professionals, scholars, experts shall not be less than 1/2. An administrative appeal Review Committee Organization Regulations and review rules, by the Department of."

In this system, we will face the following problems:1, how to determine the administrative reconsideration committee?2In all cases, no provisions, the administrative reconsideration committee to review are to decide?3Administrative organs should be adopted, whether the administrative reconsideration committee results, not use how to do?

This decision of the administrative reconsideration committee probably just as a mere formality or is a publicity stunt, as there is no rule:1, the reconsideration organ will choose man as a member of the committee, for example, he Bing Professor, is the administrative law expert, and dare to speak, the reconsideration organ may not choose you, even if choose you, once after two times, the government think too much trouble, we put him off the list.2Select the small cases, to let the committee, major in sensitive cases, for example, land acquisition demolition, for example relates to the coal mine and so on, can not give you;3The key is not adopted, the time, the administrative reconsideration committee.

The administrative reconsideration is father to son to there is the common problem in the world. But if the sound political system, administrative system should be responsible to parliament, in essence is responsible to the people. Therefore the superior administrative organ shall be responsible for the lower administrative organ behavior. That is to say, father to son's responsible behavior. This actually relates to the political system.

The administrative litigation of environment worse, judicial independence is the basis of the constitution. "Constitution" article126"The people's court shall in accordance with the law, exercise judicial power independently, not by administrative organs, social groups and individuals." Here the "social group" nature does not include the "party", because the party does not have the administrative organs after. At least, according to the original intention of legislation, should be so understanding. Future social development, of course, can also be interpreted. "The constitution of the Republic of China"80Provides that "judges shall be above partisanship, according to the law, judicial independence, free from any interference."

In fact, in China, the party can interfere with the people's court to exercise jurisdiction, of course not called "interference", called leadership. Each people's courts have leading Party group, vice president, the president of the court (in addition to the Democratic Party), director of the political department, director of general office, the main business court judges are party members. The party is based on the "constitution" to set up, is a must.

"Party constitution" article46Article "leadership in the central and local state organs, people's organizations, economic organizations, cultural organizations and other non Party organizations in Guanzhong, leading Party group can be established. The group plays the role as the core of leadership. The party's task, is mainly responsible for carrying out the party's line, principles, policies; to discuss and decide on major issues of this unit; do a good job of cadre management; Unity Party cadres and the masses, to complete the assigned by the party and the state organs and units directly under the task; to guide the work of the party organization." Article47"The provisions of Party members, approved the establishment by the party organization decision. The group shall have a secretary, when necessary, can also be a deputy secretary./The party must obey the Party leadership approved its establishment." The court in the event include major are Party decision, the party must obey the Party committee leadership."

Although the environment is very bad, but still there is a way out of the administrative litigation.

 To know yourself as well as the enemy, I was right to know the government and government officials, they are not so strong. In the administrative reconsideration and the administrative litigation, they are under great pressure. Government officials, many government officials after decades of efforts, finally climbed the mayor, chief position. You put it onto the seat, most cases may also be associated departments onto the seat, some may be its superior. For example, a mining license, if the private enterprise that departments to state-owned enterprises issued the mining license is not legitimate, filed a lawsuit against the mining license, can be related to the environmental protection departments, departments of public security, safety production committee, even people's government.

These administrative organs, administrative officials mentality, non agent a lot of administrative case law is impossible to understand. Smart so Wei Jiang, he has to think that I played in administrative litigation is wrapped around the government, in death is entangled, there are more is sike. One of our region in Ningbo called Yinzhou District, I again to find the file, was rejected, is based on the "land registration information open inquiry method", said the original materials are not allowed to query.2004Years, "Regulations on open government information" has not yet promulgated, implementation of "administrative licensing law" just. Propaganda was particularly hot. At that time, the Supreme Court has approved the initial registration of land is an administrative license, the reply is not established, should be the land registration, a government approval is administrative license. But I just brought in use. "Regulations on Administrative Licensing Law", the administrative license to open "administrative licensing law" article5Article2Paragraph "the implementation of the administrative license and results, except those involving state secrets, commercial secrets or personal privacy, shall be disclosed." Article40"The provisions of the administrative organ makes a decision to grant administrative license, it shall be made public, the public has the right to read." After I prosecuted to the Yinzhou District people's court, provided the basis for the Bureau of land and resources, is the Ministry of land and resources of the "land registration information open inquiry method", the original material can not access rules. I'm against the legitimacy of Ministry of land and resources regulations, reviewing the proposed recommendations to the State Council, the State Council was to review the legality of the proposed rules as or in the first case, it attracted widespread attention. The results, director of bureau of land and resources pressure, heard that the Ministry of land and resources also directly intervene. Interestingly, director of bureau of land and resources lover is the Yinzhou District people's Court Administrative Court vice president. She once told time, I AC straight sigh, said he husband all night can't sleep. Of course, she wants to talk to me, but do not want to say. I also don't know, I'm not so gentle body posts of people. Say it, I will also agreed to withdraw, because this case does not involve parties, I do own the plaintiff.

I am here2000Year started acting administrative cases, also acting government, but later decided not only the administrative organ, the people's. Therefore, the government of psychological reaction in administrative litigation is quite clear.

In a word, enterprises and lawyers play administrative lawsuit must have a good state of mind, want to play a game of chess, eat a dish, increasingly strolling. Taking into account the no reprisals, then hit the administrative lawsuit is not what risk, cost is the lawyer's fees, but don't horn.

The lawyer must be proficient in business. Because the government holds a strong sense of superiority, the court will no doubt stand in the position of the government, to make him seriously, it must be well versed in the business. Not only to be familiar with their own administrative procedural law, department law, general principles of administrative law must also be proficient, administrative procedure law. Because of our country's administrative law and administrative procedure law and the judicial interpretation of the special. Therefore, according to the law to foreign countries or Taiwan area to understand, what the hell is going on. In order to keep the psychological and practical advantages in court.

The national development and Reform Commission, the Ministry of land and resources etc.5Ministries jointly developed<The new project clean-up work guidance> (Development and reform investment [2006]1538No.),2006Years10Month20Zhejiang province development and Reform Commission issued a notice, said Jiang resort area construction16Road"Inconsistent with the provisions of(Without any formalities)"Opinions", is to suspend construction, rectification". But did not disclose the specific list.

I went to Zhejiang province development and Reform Commission, refer to the16Details of road, said16Road is Zhijiang resort after self-examination layers to the Zhejiang provincial development and reform commission. I'm the CMC to Zhijiang Resort Zone Economic Development Bureau to understand the situation. Staff Economic Development Bureau Zhijiang resort, commercial secrets about road construction relates to the Hangzhou River Development Corporation, cannot provide. Since5Ministries and commissions<Opinion>Requirements for new projects of the existing problems in the local media notice, accept social supervision, how can because"Trade secret"Not open?

2007Years1Month30Day,15Villagers once again put forward the application for reconsideration to the national development and reform commission. This time the request is a request, the national development and Reform Commission ordered the Zhejiang province development and Reform Commission announcement Zhijiang resort CMC NEW16The specific name road. After the2Month1Day, the national development and Reform Commission immediately made a decision of rejection. Reason15Villagers reconsideration applications has exceeded the statutory time limit.

I brought to the Beijing first intermediate people's court. The Beijing first intermediate people's court2007Years12Month24A day of judgment made by the national development and Reform Commission, revocation made inadmissible decision of administrative reconsideration decisions(The complex is not affected by the word[2007]2No.), and ordered its15Zhejiang villagers to make a decision of administrative reconsideration application.

 Here it is a major problem, not the request to cancel the announcement, but asked to notice, not a lawsuit, but litigation of payment. 

 Chen Youxi.The margin to just about all kinds of sour, sweet, bitter, hot administrative litigation lawyer. With their dedication and tenacity, more environmental China administrative law improvement. We also work hard and perseveringly criminal defense lawyers in the past two years, a change of environment. Yesterday is exchanged in Guiyang River District Court, the first case of Guiyang Gang, Li Qinghong,17The defendant misjudged remand, then they caught40A, a57A defendant, the court prosecution downgrade, remanded cases, they submitted to the district level. The defense lawyer before the Spring Festival the spontaneous assistance, the court expelled four lawyers, admonition, more than ten lawyers, became a national law are aware of the event. Results before the Spring Festival, the trial until now, restore the exchange of evidence, their intermediate court did not dare to consult with us. Through communication with our lawyers association leadership, won't be expelled lawyer, will respect the right of defense, a lawyer to tell how to speak, no longer expelled, no warning, only one request, can agree on the River District court. But we just this one does not agree, because one is the intermediate people's court case back to the court, the court trial must be yourself; two is accused of crime may be sentenced to death, must court trial; three is the first case of black Guizhou, influence,17People have intermediate people's court trial, now caught57One case, bigger, how can the district audit? Zhou Ze is the chief convener Guiyang case attorney, why do not agree with the court trial, we asked Zhou Zegen to talk about. 

Zhou Ze.Thank you from her such a meeting. This came to this meeting, met a lot of new friends, all know this case in Guiyang engage. Before I sent an open letter, to the lawyer for help, many lawyers to participate in Guiyang this case, I am grateful to the friends, including four lawyers sitting in front, are involved in the cases of defense.

Defense in Li Qinghong case first quarter second, I do a lot of evidence, but also by a number of media reports of this thing, to expose the "black" problem. This touches on Guizhou is very large. Later, the case remanded by the Supreme Court of Guizhou province. After the case for retrial, Guiyang's withdrawal of the case to the public security, the supplementary investigation. One direction is investigating my problem. In the supplementary investigation file material later see, there are a lot of "evidence" is the point of me, said I received500Million legal fees, for perjury, etc.. In this case, I had a period of time, every day in a friend let me very nervous state, often some of my friends call me Is it right? Safety, Is it right? Caught up. And they said, heard that I had caught up, hear my speech will feel more happy. To this day I have not wanted to understand, why Guizhou public security all the trouble all my material, but not for me. This may and my years in public service, got some fame.

Li Qinghong in the second season, I invited many well-known national lawyers defense. Not because I have how unsafe, I did not feel how dangerous it please everybody involved in this case. Prior to the Guizhou Gang case, I also worked for many black case, also contacted many for a lawyer, understand their defense situation. On the whole, processing a case, the problem is very serious. Lawyer Da Wenchango said today he defended the effect, let us fully aware of the current criminal defense is not optimistic. At present, our criminal defense may have entered a dead end, some bottleneck has occurred, especially the many problems exist in the black, very worth we put it out to review.

Before doing Guiyang cases, has received the condolences of my words, but also some people asked me, if there is fear, there is no one find I talked to, there is no feeling insecure. In fact, I never feel safe. I this person to do a thing is a reckless man, as long as I think it is right, I was reckless, spare no effort. I found that, when we're not about to do a thing, we will be very powerful. Don't you fear, others will be afraid. When we put our strength shows, sometimes can be very big, very afraid. Before doing these cases seem to be gathering this power, the case of Beihai, Guiyang case, show the strength of our. After so many lawyers involved in doing so in some cases, I found so much of the judicial organs of our lawyers are more afraid. Yesterday we engage in Guiyang evidence exchange, I clearly felt, the previous stage and their struggle, had caused them great pressure. Including the inspection organs to us is very big. 

Chen Youxi.The biggest difference, Li Zhuang case and Guiyang case Guiyang case, it is both a slap, Supreme Court Justice Department report and report all listen to, and then asked both sides to learn according to law. No special press law. When Li Zhuang case, unilateral smack, illegal Public Security Bureau, grab handle cases according to law to lawyers, the court sentenced the lawyer, the Justice Department in the home not only to protect the lawyers, also. Guiyang situation is completely different. Environment is different. So over the past four months, the court did not dare to illegal trial. So with this two years of efforts, the legal environment we have some changes, is not the same. 

Zhou Ze.So sometimes I feel, like those of us lawyers, only for the right determined to struggle, to divide our forces reflected. Especially as Guiyang and Beihai cases, only by everybody to continue to fight, may only have relatively good results.

Let me feel is concerned, most of the cases, at least99%The above case, may not have so many lawyers to participate in. In such cases, I found an interesting phenomenon, as an isolated case, a lawyer two lawyers when the effect is very poor. All these years I have done a lot of criminal defense cases, maybe my luck is not very good, encountered the parties are suffering, not to earn money not to say, is often very bad. I do these cases, so far has pleaded not guilty, but no one case was defended by a lawyer, directly by the court acquitted, no one. Many of the cases I, finally the defendant to obtain a relatively good results, such as the Liaoning Xifeng cops reporter case, Shaanxi police arrested writer case, etc.. But that is because I put the case into an event, widely reported in the media of the case, the result only. Sometimes, I think our lawyers, doing Is it right? Lawyers work? A party looking for me, he is looking for a lawyer?

Through the media to promote the solution of the problem, of course, is the effect, but not every case can make it into a news, I think this is a very terrible thing. I do not advocate the case, some a trial convicted, later I spare no effort to help the appeal, the retrial, the retrial of a two time, such cases are also many, at least5In the retrial. In many cases the retrial, this shows that our past judicial organs when found these cases completely Hu. At present this kind of condition, how lawyers argue, useless, had to foul. I do the defense, in addition to a case of manufacturing into a news event, sometimes returned to Party branch some strange tricks.

How can we ensure people through the legal counsel, can get a fair trial, this is very worthy of our research question. I think, they engage in the jury, the judge can not the concentration of power to a certain sector hands (actually the person at work), nor by a judge alone.

Many obvious case, let us feel no sense of security. This is a very dangerous thing. Today we discuss the security of private entrepreneurs, property protection problem of private enterprise, belong to such a result at present judicial cannot do justice. If such a judicial agencies have failed to ensure a fair trial words, our entrepreneurs how to restraint, in fact, are of no use. Many cases from my contacts, including Guiyang Li Qinghong case, not Li Qinghong's father, brother, what problems, results are still illegal prosecution, and was found guilty. 

Chen Youxi.Unable to understand the public power there will be so many dirty things. 

Zhou Ze.Of course, the rule of law lies in the way of democracy. Our country democracy, rule of law, involves a lot of interest. Think of these problems, I sometimes feel very pessimistic. In our country, the interest groups have been highly hardened, it may allow them to give up their own vested interest, leading a reform, can realize the democracy and the rule of law? Almost impossible. 

He bing:I wrote an article called "Butterfly" overthrow the dynasty. Qin Shihuang put the the Great Wall finished, he said no problem, he did not know that butterflies are flying over from Anhui Dazeshan town. 

Zhou Ze.I found a rule, any system, a fundamental change, is the absolute authority of strong propulsion. In this country we have the authority in the history, such as Ci Xi, the old lady is very authoritative, she wants to engage in the legal system, democracy, she said stem can dry up; to later Chairman Mao has achieved such an authority, he wants to do is do it; Deng Xiaoping to dry or dry stem. Perhaps, we can only look forward to such an absolute authority has.......  

Chen Youxi.Every time the costume drama, the last appearance, is often the most effective, most of the assassin's mace. Below we invite Mr. Li Zhuang to speak. 

Li Zhuang.Came out of prison, I don't speak very well, thank you for the kind invitation of Xi'an Duan Wanjin, yesterday I and Xi in a speech at Tsinghua University. Why to Xi'an? I particularly want to go because of Xi'an, catch me when09Years12Month12Day, double12The event, is also the Xi'an Incident that day, memorial day, so I to Xi'an there is a special kind of origin, the modern version of the "Xi'an Incident", of course this is a joke, said. So I especially want to come to the Xi'an conference, to meet with you.

Xi'an is also a millennium ancient capital, eight hundred Qinchuan is outstanding place, otherwise USA President Clinton to visit China for the first time the landing place, not to Beijing, first to the Xi'an to Xi'an, he said the famous words, give me a very deep impression. He said, "Beijing's efforts to100Years, could catch up with New York, but New York's efforts to1000Years, can't catch up with Beijing". This sentence I heard, particularly afford much food for thought, is very philosophical words, is the two kind of social system, two kinds of legal system, two kinds of ideas, caused each of us infinite daydream.

The most important, we are lawyers, lawyers said the lawyer, said the law, criminal defense lawyer is mainly from the perspective of debate these issues, today in Xi'an, our theme is the private economy, private economy, how to protect, I think private economic protection have a premise, this is the first prerequisite Protection Law system, if the lawyer system protection is not good, you are what kind of private economy. Because the private economy without any of the backing or umbrella, because the state-owned enterprise is the backing of the private economy, but without the backing, it only hope is the law, is the law, for the private economy is the attorney this community. Because I did so many years of criminal defense lawyers, from the northeast to Hainan Island, from the east coast to the Qinghai Tibet Plateau, I represent all where the underworld, what things are scolded me. In fact, a civilization state, if want to be able to protect the legitimate rights and interests of the bad guys, so people can sleep.

Over the years, the underworld eldest brother in any one place, indeed many defendants were guilty, he is also guilty of Gong Gangmo, but his crime, the result today because he report Li Zhuang, was sentenced to no period. In fact, all his sin is two, one is inside the home found a gun, in addition to the bribery twenty thousand, these two sins, other500Bullets, ten kg of drugs, four lives, a submachine guns, grenades, what's with him, it doesn't matter. All parties involved in this several several crimes, you see their transcripts from A to Z, you wouldn't find these crimes mentioned parties, "these three words, not Gong Gangmo". But Gong Gangmo's record is very clear, I take a look at Gong Gangmo's record, the record is very clear, this30Many people are in your little brother, he said. They put what you call, call brother. They do any bad things for you? Listen to your command? Listen to my command. I saw Gong Gangmo when asked him, this is what you said? He tears down, that it's not me, they are the good.

Then I analysis, combined with Gong Gangmo's case, look at Chongqing in the past few years for shehei case, found a very strange question, what problem? All the boss are local particularly wealthy person, I cannot call them are entrepreneurs, because the entrepreneur has certain cultural connotation, like Gong Gangmo he write his own name is not good, so no entrepreneurs, but there are dozens of billion worth of. In addition to Anhui Huainan case, anyway I acting boss, worth hundreds of millions, billions of dollars, even tens of billions, these people may have tax evasion, may have to withdraw capital, there may be destroying accounting vouchers, these are shehei case general charges, can be said that each related enterprises have the black several aspects of vulnerability, so, the lawyer in the reform and opening up30Over the years, as with private entrepreneurs, indeed, every step is very hard, and every step is very dangerous.

Of course.30Over the years, the national economy has developed greatly, make great achievement of China of reform and opening up, we can carefully think about. In fact, this30Over the years, Chinese economic reform, state-owned enterprises should be the backbone, but thousands on thousands of private enterprise is nervous, every individual is thousands of cells, so that the light by state-owned enterprises,30Over the years to stimulate economic development, contribute to the China of reform and opening up, these are precisely the getfirst part of private entrepreneurs and private enterprises, state-owned enterprises, shutting down, laid-off workers laid-off, unemployment unemployment, drag a lot of hind legs, so that to survive in the cracks, the private enterprises are in the the road was muddy, dangerous, with the advance of the lawyer industry, should be a pair of fellow sufferers.

How to do in the future? Through Chongqing this crime, everybody also understand a concept, especially the legal person full China, full China lawyers understand, lacking spirit of cooperation or stragglers and disbanded soldiers, well, everybody knows that it is not. So said Li Zhuang event, whether it is good or bad, I always think whether negative or future positive materials, teaching material is material, it has the meaning of education on the line.

How to develop in the future? I think that lawyers should unite together, as Zhou Ze said, the more you suffer, the more you embarrassed, and desperate, and will soon die, if not the Chongqing incident, the national lawyers fought, not he Bing teacher in CCTV's cry, not Chen Youxi "China Youth Daily" nonsense articles stand up for what is right, not Si Weijiang be up his hat, I think Chinese lawyers to really not today, this is the result of the efforts of everyone.

Originally I didn't before the accident, have a topic online, the subject called "China most cattleXA lawyer and an outstanding female prosecutors ". This topic first appeared, it attracted people's eyes, the two men seem to have what matter. Results the inside of the lawyer's description is a pettifogger, the female prosecutor described as a beautiful angel of law.

This case is an entrepreneur I agent, we have the original parties pleaseTThe lawyer, open4Back to the court, the prosecutor when the parties face, a US lawyer. Then look for leadership: the party reflect the public prosecutor's amazing, said the leader, you mean our lawyer too honest? That you find a good to go. Later, I went to, a session, I strike first to gain the initiative, to the public prosecutor smelly scolded, she told me to fight.

You don't know, her phone rang in court, she took the phone orders the presiding judge, said you later session, I have to take this call. She said into the phone "you hurriedly sent twenty thousand dollars, twenty thousand dollars sent, put him in the afternoon." So arrogant. Results continue to court, then, I said the judge, you wait a moment, I go to Restroom. I also want to special time, legal equality.

I take17A card, and she argued for a long time. Holmes said, every criminal case crime scene are traces, nothing can not break the case, I with many lawyers say, no evidence of the case, in every case, the lawyer can forensics, should also be evidence, whether you are administrative proceedings, civil or criminal, see you can't get. To be evidence of direction, is also very simple, in the other's point of view to take. So after that I forensics, opened a three back to the court.

There are finished once a court, in front of the court, I drove past from her car, I first out of court, may I start the car started relatively quickly, opened in the past. The results of the Supreme People's Procuratorate "justice net" blacken my name, title is "the most cattle ChineseXA lawyer and an outstanding female prosecutor ", said after the adjournment, the lawyer drove the car to the female prosecutor, was clerk to stopped in front of the car. Oh, the clerk is Transformers it.

A few words I can accept the quarrel between the lawyers, in my life I didn't talk to people arguing. But I hate most is the police, prosecutors, judges training lawyers, who want to discipline me this, I also don't scold him, I gave him an example. I say you know what tools, tool is sweeping broom road workers hand, also dig dung dung spoon, to whom can make, tool is not thought. You don't make gestures with lawyers, lawyers are free to spend their ideas, you, not.

So don't be afraid of them the lawyer, the more you tell them to do, the more they tremble with fear in one's boots. The young lawyer you want to exercise, must engage in criminal defense, any country in the world is not the criminal barrister, are coming out from the defense lawyer, exercise several times, a few rounds you also exercise out. I want to Chongqing this thing, the river court, after Beihai, I estimate at8Years,10Years, the lawyer is relatively safe, now the big environment, the situation should be good. 

Chen Youxi.Don't think all lawyers accident is all right in the persecution, the lawyer team also does not clean, you have a handle. 

Li Zhuang.It should be said, what the industry has an evil member of the herd, the lawyer industry also has, I don't deny. But most of them are level, rather than a moral question. Yesterday, the news from Chongqing, the relevant departments in the project group urged people to engage in torture to extract confessions, the organization said clearly, is to surrender. Many people have been requested, at home and abroad, the newspaper knows, Chongqing many make one's hair stand on end, savage, fascist style torture to extract confessions, should give him for crimes against humanity. Although the morning opening day, leads to a what policies or what command, said stop, how do you think like that, how the situation worsened. No, rest assured, represent the general trend, the overall situation has been fixed, I think all the trend should be in full accordance with the wishes of the people forward, so don't have any worry, even if local have some not good, but the environment has changed. These local problem is at best in the history of the small waves. Also very beautiful, so look forward, front is absolutely brilliant.

The history of human civilization or China, history of civilization for thousands of years, or, if1000Years later, we again in Xi'an, look back at the past6000Years, in the past few years we live is the most wonderful years, the history of human civilization, the most wonderful years let us in it, have experienced, we should be thankful for, should be satisfied. So, don't be pessimistic, represent the general trend, the overall situation to already was decided, go forward with great strength and vigour of the historical trend of the times, is a be a trend which cannot be halted. 

Chen Youxi.Thank you Li Zhuang. Small us this four hundred person, why will attract the eye, it should be said that the focus on the country some of the legal person responsibility. Will be caused by the relevant departments of the attention. The Chinese legal force can not be ignored, of course we cannot forget oneself, should be more rational, constructive to promote democracy and laws of the state of progress. The first unit of the experts and scholars all speak, we interact, can talk about, also can ask questions to the speaker.  

Wu Pengbin (Shanghai Dabang lawyers):In the autumn the Confucian this problem. First, this is not a new topic, also is not a new idea, at least in the100Years ago, or even longer, everyone in the discussion of this problem, not only is the problem, but when China of traditional civilization to the world of democracy and legal system with Western civilization in the collision, Is it right? Compatible enough, or that we can open a new tree buds, this should not be a new topic. Hu Shi, especially Yu Yingshi have a lot of discussion. Second, as we go forward, when the anterior confused, look back at our past, which is very necessary, but that doesn't mean we go, when I felt lost, can be turned to open our ancestor's coffin from inside to out what a ready-made panacea, go back and dig it, I think do not dig out the trend of the world the grandfather's pocket. I think as an academic or, as a cultural tradition or, we cut the aftertaste, we can also be necessary, but take this as one of the main path, that is absolutely not, some brilliant after all is over, the civilization of the world trend, democracy, legality, equality, freedom, these the tide is go forward with great strength and vigour, and some things that we have no no, you can't expect the grandfather's pocket to take out what things.

According to Zhang Peihong and Zhou Ze's idea, private entrepreneurs themselves to confess, also want to reflect on their own, this is my time thinking about the problem. A Book of the cultural revolution, he said when the storm comes, all the people kneel down to criticize yourself, when the storm passed, all douin began to criticize others. Everyone should consider, what is the system, what is the government. Private entrepreneurs are not in the non official meetings against the government, in the official meetings take government ass, criticism of the government at the meeting, after the meeting immediately with government relations, you become vulnerable groups you want to reflect on their own, you have to do yourself, you have no need to reflect on. Of course I am a lawyer, I can not criticize the private entrepreneurs, I am here to critique our lawyer, when you don't have criticized the judicial corruption, you don't get on with the judicial authorities under the table. Our government or political system, or, it is a concept, each of us must do it on his own.

 

Guangdong Foshan lawyer:I want to say to Li Zhuang, I am very concerned about the case for you, also wrote two essays, I as a legal person at that time, I believe many people will see, when the case is framed for your plant, then someone in your for me was the threat of. They dare to Mafia suspects torture to extract confessions, why can't you torture to extract confessions? 

Li Zhuang.Because I was the discovery of torture to extract confessions, I say you at the hearing must boldly exposed, you want to override it. I was exposed to torture to extract confessions. If he is to me torture to extract confessions, is to take the initiative to send me information, I say you just hang me up, he8Day8Night, I might8Hours can not stand. They say the rest assured, we Chongqing police civilization case, not on the parties to move a finger. I say, thank you. 

Shen Wen (Anhui Xingbang company representative):I speak for five minutes. Three minutes talking about our business, two minutes a little something to give legal elite here said. Then with a few minutes to answer the problem of Chen lawyer just.

We are Anhui development group, the company from98The year started, because commercial pattern is advanced, development is very rapid, the government also strongly encourage and support for. We mainly do the cactus industry, but each time the project, the government has a file to our self financing; so we began the folk financing, several years of efforts, the folk financing covers twenty-eight provinces and cities47000A family.

But the10Years, when our business is developing time be rash and too much in haste, thriving, including a number of real estate projects, including in Hainan to buy an island and so on have started initial success, all of a sudden the local government overnight39A company executive, said the company suspected of illegal fund-raising fraud, and start some forced treatment company assets; even we have paid millions of assessment of some real estate projects assessment fees of a Beijing accounting firm (assessment has been completed) has also been Anhui police forcibly removed from the accounting firm back away, said the money is illegal. Case today continues, the legal representative of a trial was sentenced to death, now in the death penalty review stage.

For our case grievances, in the past we have been very confused, and now we finally understand what is the problem! But we don't sad, we very calm now, because there are so many social elites for our backing, cry for us, we felt very bottom! Xingbang, even as a case Chinese financial reform or, or even a martyr or, we all feel that value, because there will always be people who will go through.

 Now to give you a word, elite. Folk origin and judicial financial risk control, this is the elite of the lawyer is to provide China private enterprises must guarantee scheme; so, what am I trying to say? As an elite society of you, also want to consider the composition of valuation of social elite and self support system! Because of the high level architecture will stick to their vested interests thinking. I have always believed that, the social elite is the backbone of social development, but some people want to erase the elite layer. So the elite must have a security mechanism can better promote the history. As we do business only to complete our mission, in the economic field of our tasks, and then reflect our values, although we all social roles are not the same, but still hope to you the same.

Finally, in reply to Mr. Chen Youxi just the issue: the public authority why always so do things people can not understand. I think, in fact, the answer is two words: interest! The architecture, implementation level, they all have their interests, and in different poses and with different expressions. Thank you. 

Chen Youxi.Well, the first half tonight here, in front of us8Guests. Thank you. The time, today we midfielder not rest, please continue to share the other eight guests views. Professor He Weifang's lecture at the Northwest University of Politics and Law tonight, will come back as soon as possible. Si Weijiang has given up for a lecture at the Northwest University of Politics and Law, has arrived at the scene. Please look forward to. (the first half finished, to be continued)

Speaker: the second half:

Tong Zhiwei, Si Weijiang, Song Zhenjiang, Zhu Mingyong

Chen Guangwu, Xu Jian, Wang Rongli, He Weifang

Chen Youxi: IThey just focused on the Chinese private enterprises predicament, and judicial protection, at the same time, the legal regulation is discussed, a lawyer to help private enterprise activities, thinking of some of the difficulties encountered in the criminal defense. Now we began to discuss the second half. Ask Professor Tong Zhiwei to give us a speech. 

Tong Zhiwei.I report to you about the developments in Chongqing over the past few years, especially awareness campaign. In fact, I mainly do the basic theory of constitution and the constitution, in other words is mainly engaged in the research work of the constitutional system. I pay close attention to this subject in black, power from the premise of an understanding. The past that survival is the first human rights, or is the primary human rights, I do not agree with this view. When the survival of primary human rights, not the Constitution and laws according to the Constitution and laws of our country, there is no right to survive this concept. All the basic rights are to be effective, the balance of security, the protection of human rights without distinction, but the protection of human rights can be a stage focus, determine the key principles should be emphasized that what what need most. According to this standard, the primary human rights Chinese citizens should strive for the protection of today should be the freedom of the person.

My focus today China the personal freedom of a citizen security, not to pay attention to the field of criminal justice. Our criminal justice system should effectively protect the personal freedom of citizens. But in fact, because do not strictly in accordance with the relevant provisions of the constitution, the law and the spiritual exercise their functions and powers, our country criminal cases handled by three parties, namely the public security three or one of the parties, especially the departments of public security, the protection of personal freedom of citizens basic rights, sometimes its itself has become a subject a serious infringement of the personal freedom of a citizen. So, I recently put a lot of energy in the field of criminal justice, hoping to avoid the criminal case for itself illegal violations of civil liberty issues.

The Chongqing Gang, in the beginning I was a positive understanding, from the emotional side also support, later from the case began, I felt to have a big problem. Chongqing Office of the text strong case, start the populist operation, apparently to use folk Qiuguan sentiments to kill big Li wei. Strictly according to law, it is what you do exercise, killing Liwei is actually using the judicial engage in politics, the prominent place the highest authority person. Do not know that not everyone, they in order to kill the strong, manipulation and treat Li Zhuang case are the same. What fish buried the money2000Million! There is this? I'm sure this is to discredit the propaganda, should now look, this is who, for what purpose out. Wen Qiang rape have hard evidence? I doubt not. In fact, from has revealed the material, is obviously the team found the woman, to the detention phase stress, she accused of mobilization. The guilty, but not until the crime, I was so, Chongqing's authorities are clearly determined to kill Wen Qiang fling caution to the winds.

I can't stand it, so I in "Southern Weekend" published "the death penalty review: the principle of rule of law to the life last hope" one article, to the three related leaders sent a supreme state organ2Million word article, asking them to Chongqing to supervise the relevant state organs and officials act in strict accordance with the law. To be honest, I don't expect too much, but as a constitutional scholar, you find that the constitution law is violated, the words have to speak, speak occupation duty legal scholars, legal scholars speak the words do not speak is the dereliction of duty. Therefore, this article I did go online, titled "let the sun illuminate the road of criminal law constitution -- the death penalty review issues to the relevant state organs, the highest constitution" Chen.

From the general sense of criticism caught, I also wrote two articles. An article on the topic is "Chongqing to eliminate the" misunderstanding "when the first reflection" singing red "",2011Years5Month on the Internet, from the Internet to see this article a warm response. Almost at the same, I also wrote an article on the Internet, the topic is "Chongqing to eliminate the" misunderstanding "must also reflect" black "". As far as I am concerned that "black Chongqing Social Management Research Report" the original draft2011A speech at the meeting in Hongkong in the summer. At that time there was a presence in a famous person in committee of the National People's Congress part-time, I told him at the time, our legal people two dial, dial in, those of us who are in opposition, the jurist will use your powers for democracy, rule of law construction, the people have no authority, but the right to speak, with the mouth and pen, with the exercise of freedom of speech and of the press way for China legal services. In this way, the opposition and the ruling together, work together to promote democracy, rule of law, our country there is hope.

I said that a study report, I will write back from Hongkong, I feel obliged to jurist above say Chongqing tamper condition. So, last summer I spent almost3A month to write55000Research Report about. I went to Chongqing many times in the past, the process writing this report I didn't go to Chongqing, but I use all sorts of opportunity out of Chongqing or the people back, including some lawyer. I study in Chongqing is the constitutional level, not the case study, published materials have been enough to illustrate the problem. Scholars are subject division, as a division of labor to do the criminal case investigation and trial, the judges can not go to the crime scene investigation. We do research on the constitution of the occupation, we only collect the public disclosure of material, review of existing material is enough, don't need to dig into the case. Some people said the risk, I know a great risk, but we can assure themselves in the scope of the constitution, laws within the speech act, do science and constitutional, legal judgments on the problem. If this risk, we have to take the risk, may not be worried frighten not to speak. If we commentary or criticism to human services have no bottom line, break through the constitution, laws, that's their business. If they're not the bottom line, then we have no way, not control results. I was in such an idea, write a report and send it some assume leadership responsibilities. I sent to them they will see, and be able to receive, this I know. I comment on Chongqing black fighting situation report, not my own any personal gain, I submitted is not attached to any individual requirements, for this study, the man at the top to look, what is there against it. I was also ready for publication, but has not published, some journals published later reneges on a promise. Last year10Month22Day, I put the report was published Chinese constitution research in Xi'an held the first national congress. I have to submit the electronic version, there are conference proceedings, when Chongqing come to the meeting members have several people with this version, I estimate information system in Chongqing was to get my report. Wang Lijun after the event I put this on the Internet, strong degree of the community and overseas react to it is far beyond my imagination. Recently encountered some social science circle of friends, everyone seems to have some interest in this report, I would like to take this opportunity to report to you about the sequence of events.

Chongqing to sing red, black and economic aspects of performance engineering, exposed many defects in the system, there are too many lessons, the conditions are ripe should systematically review. I said this a few words. 

Chen Youxi.Chongqing this "black" behavior, the case is the case of specific issues, to enhance the theoretical level, the basic theory of crime and some data systematically, Professor Tong Zhiwei in law should be the first person. Reflections on Chongqing "singing red", a legal academic circles the loudest sound is he. Professor Tong has been studied the macro level, thinking system. Beijing last year, a very small range of high-end forum, invited him to. Discussion on the Central Committee on the question of judicial reform and the constitutional construction, he also has participated in, so I hope we can see his article, especially the Chongqing gang research report. Please have the following in Si Wei river. 

Si Weijiang.Sort out the sources of our national judicial system, the source is the Soviet system, the source of the Soviet system, prosecutors strong system, tsarist Russia had a prosecutor, is known as the eyes, so prosecutors it into national eyes. This set of system, we are fully introduced.

China constitution is how to develop? Chinese constitution is the three time Stalin, Stalin coerce Liu Shaoji to Mao Zedong, say you should strive for the workers and peasants, prevent others against you this government is not elected. Because the common programme at the CPPCC, is not representative of the. So, Mao Zedong can only engage in "the five four constitution". The original design, is the design of the Soviet Union, some just a different name. Now you see our entire system, or the Soviet Union. So the prosecutor strong. Prosecutors did not check the case is strong, the public security. The source of the system, is to come from there.

The Kuomintang that set of things, when the northern government, proposed the establishment of the Ministry of justice, to the time, Sun Zhongshan changed myself. Sun Zhongshan was originally a liberal democracy in multiparty, later, he found that the scholar doesn't work, so he became a one party system, so the Kuomintang to join or be admitted to the party to Sun Zhongshan was sworn in, so the pies left fruit, is Jiang Jieshi, our party with Jiang Jieshi hopper is to shout of freedom and democracy, often when you are with the enemy fight or struggle with the enemy, you will experience learning.

We Deng Xiaoping is good, because he spent in France4Years, but from France to Russia, is the new economic policy implementation of Lenin, is the coexistence of multiple economic our, so Xiaoping on the economy this is relaxed, so the country has so many lawyers sitting here, otherwise, lawyers and civil servants, not free. Why do lawyers can have their own voice? Because our lawyer property and income are independent, this point with the reform and opening up are related, so this is the source of.

Then go down, Chongqing caught, but we China one stage left forces flowers two flowers, there is a hole in the political and legal system, especially the Supreme court. This supreme court5Years of the doings completely with Chongqing is as like as two peas. Mediation, harmonious justice, judicial activism, Temasek five trial etc.. Xiao Yang, promoting judicial neutrality, occupation, vice president Huang Songyou wrote articles to promote constitutional judicature, to go American of common law mode. Huang Songyou, what next? Life imprisonment. Ponderosa pine some down is in fact the liquidation Xiao Yang route. Xiao Yang Era2002Years of unified Scott, is the unity of our legal entry criteria, is a positive thing, but Wang chief came to power in the first year, launched a small thinking, but what is he? Is to send a certificate to have the judicial organ interior. Is a clear setback. 

Chen Youxi.Now we state some institutions, his legal representative in the illegal. 

Si Weijiang.So far, I now focus on the study of Latin America country how to transition, how to transform, South America how to transformation, the transformation of Taiwan with no match for us, human rights lawyer who dare say a hundred responses to a hundreds, we like this country, is not possible to easily transition. Singapore Singapore United Morning Post an interview with me, in fact, that the theme of this article is the so-called reform opportunity not to, not to a moment of crisis, it is difficult to condensed reform forces.

Today we talk about the protection of private entrepreneurs, private property protection thing, no limit to the biggest problem is that the public power, no limitation is that public power for money and women, what, a woman to want money, and finally all must carry out the money, where the money is taken, state-owned banks is also the officer, with no finally, it falls to the private enterprise, people get, this is the root cause of.

On the ideological, a young cynic Marx is sitting in the library, the fantasy of advanced public ownership. Propaganda to now, seems to have become the only public ownership is justified. But for thousands of years, we see now China, private ownership is as unalterable principles, since ancient times. But these years we engage in the great leap forward, which is to take the national social when experimental results. The theory of surplus value of the so-called exploitation, entrepreneurs who? America said Obama employment not to can not be re elected, create employment opportunities is exploited? You are now looking for work so hard, why want to find people to exploit. Visible irregularities of this theory.

We often said that you have a vested interest in the country, so good to you. This theory does not say so, if you get rich is the state gives you the same. You are right, since ancient times is that their rights, human rights, without the need for Thanksgiving national theory, National Thanksgiving to create wealth to create jobs. Entrepreneurs sin basically is caused by the system, the real estate field you do not bribe you get,XXSaidXXNo bribes,XXDo not bribery, but with the briber cooperative land, this form is actually the same.

Finally, the protection of private property, entrepreneurs can only support the democratic rule of law, democracy and the legal system because the only sound than the country could not engage in liquidation. Argentina's military government, against dissidents, all aircraft to the plane back, from the plane into the ocean is thrown, can not even the bones. After Argentina's democratization, the junta chief was sentenced to life imprisonment. East Germany for the two soldiers shot over the Berlin wall, and several people sentenced to a few years. However, nobody liquidation entrepreneurs. So only the democracy and the legal system of the road to ensure that entrepreneurs, and if we do not take the democracy and legal system, still want to engage in, Putin is one of an authoritarian, after he took office the liquidation of the Yukos oil company CEO private entrepreneurs.

In moments of crisis, our country is very difficult to carry out political reform, as said, unable to condensed reform power, a party consensus, however, the general point of view, you do not engage in political reform is not possible, how do we change, we really need the wisdom, courage, patience, everyone together for this country,The contribution of some power, thank you.

Tong Zhiwei.Many similarities with the Communist Party the Kuomintang, but Sun Zhongshan theory and military, political tutelage, the constitutional development planning, his ultimate aim of "the outline" setting is the constitutional government. No such theory, the KMT go to today this step. We Communists in theory is the implementation of the dictatorship of the proletariat seized power, as long as the state and the law, has been implementing the dictatorship of the proletariat. In this theory, so the transition to democracy and reform our party's democratic transition difficulties than the many times. 

Chen Youxi.The theoretical system to guide the action, and now we are actually theories do not. The basic design and the direction of the reform is blurry. The following, please come from Hebei Handan Song Zhenjiang lawyer. 

Song Zhenjiang.I come from Hebei Handan, is organized by the second "democracy and the rule of law" tour of the pulpit. The last hosted there have been some changes, the original is sponsored by Hebei province Lawyers Association and the democratic and legal society, but also because of some special reasons, the association of out of province, almost gave up. Finally, we hope the lawyers as the contractor. We think this is a bear, a privilege. So today can understand the particular period of lawyers, lawyers also special thanks section.

The development of the private economy and the judicial protection, I can see the first reaction to this problem is the private economy and lawyers are natural allies: the private economy is the non-public sectors of the economy, our lawyers are the public power, all from the folk, are "non-public" pie. My party saw this topic said: we never hope to judicial protection, not in the hope of lawyers, why? First, he said that now are unspoken rule service, who according to law. Second, the court heard -- who listen to Party committee. So that our relationship with the upper, the unspoken rule service, to pay "protection money". I said this is illegal. Of course, in reality this illegal protection than effective judicial protection. These words set people thinking, now private enterprises once bigger and stronger, must consider their own safety, political risk, legal risk should be taken into consideration, some people seek "collusion", "money", political protection, for example some people when the deputies, CPPCC members wearing a "red hat". But not all people can go to this step, the protection and the part of the people will seek the underworld, and even some people themselves into the underworld, he grow. If the private enterprise has the right, equal judicial protection, he would no longer need to "collusion" and "money" the corrupt activities, he also does not need the underworld, so we are very necessary to discuss the judicial protection.

The economic base determines the superstructure, determine our political system, the judicial system. The public sector of the economy is dominant, so the protection of the private economy is relative, limited, conditional. You in the economic basis of is subordinate status, then the superstructure to protect your may not be sufficient. We present the relations of production, it is dominated by public ownership, the public ownership determines the unification of our politics, then the deputy to the National People's Congress, CPPCC members that wearing a "red hat" private entrepreneurs, only is participation, not ruling. In the law, the protection of the state-owned enterprises and private enterprises is not the same, "unspoken rule", as long as the leading Party and government intervention, the court will bend with the wind. Also our lawyers, is a vase and furnishings, we now you efforts is to change this situation, want to really play a role. Now we always Baotuan heating because we are weak.

Ideology -- "Communist Manifesto" famous slogan is the elimination of private ownership, some people say that the private economy is not equal to private ownership, but he is not state ownership. According to this theory, you will sooner or later be destroyed, just said the lawyer, and so on, private enterprises will atrophy, will die. Yeah, just let you emerge of itself and perish of itself! Let you become bigger and stronger, how to do that the public sector of the economy? The public sector of the economy if shake it, what about our system? What about the position of the ruling party? So that in the face of this reality, the private enterprise can only be a reality in our system is the limited protection, equal protection is only wishful thinking.

Comrade Xiaoping said "let some people get rich first", the rock, brought changes to turn the world upside down really China economic. The word can be said, that is "quantitative change". Now, to speak the "qualitative change", who is speaking, how to say. This is the ruling party faces, the need for the ruling party to reform the courage, also needs the exploration of the theory and guidance. This requires politicians, philosophers, economists, jurists to discuss. This topic is sensitive, the problem is serious, this is probably the cause of our meeting early closing. Of course, the road is always to go on, history must forward progress. 

Chen Youxi.The scene today is a very special person. He used to work in the head office of the people's Bank, served as Shenzhen city attorney general, elected lawyers association. Now is the director of the prestigious Renmin University of China law school. The college is the first college of new Chinese lawyer. The following him to give you a speech. 

Xu Jian."Communist Manifesto" said to eliminate private ownership, and we are now in the development of private ownership, the Manifesto of the Communist Party Is it right? To draw further apart? The theory of how to open? Should by politicians, economists to open. This is not our lawyers. This thing is not difficult, because our legal theory can explain the problem, find a way to.

I heard today all person's speech, I think no one speak clearly for the concept of the private economy. I think now some concept is not correct. Some say, the private economy is equivalent to private ownership, I think that is completely mistaken. The private economy is not private ownership, private economy is state ownership, of course, the private economy is incorrect, not scientific, formulation about ownership of the US Constitution, the public and non-public economy, now also used to. But I was wondering, "nonpublic economy" the formulation is not scientific, it is not in line with China reality. I think it is illogical the non-public sector of the economy.

Formulation of public ownership of our textbook, is a state, a basic system of ownership. Now purely state-owned rarely, many into shares of state-owned enterprises, this enterprise is accounted for51%Is the state, or take49%Is the state, the problem is perplexing. If a company accounted for51%Even state-owned holding company, you occupy the property even if you corruption, if49%It is not corruption, is occupied, so a lot of the prosecutor in this issue around, so I think it's ridiculous.

In addition the basis for all system basically does not exist, the typical production team base ownership has not, into a stock company. In fact, the state is not right, state-owned, city, city, county, county, you say all of the county, the province can be transferred? Impossible. So the public ownership is a false proposition, why in the world did not protect the public ownership, only protect private ownership? Because public ownership unclear. I think the correct statement should be private ownership and public ownership.

Why do you say that? People handed down a sentence, called one private, two were male, this is very simple for a generalization of the concept of ownership. One of the things I say, my own private ownership, but more than two people is common, why the two of us set up a new company, called "the company" rather than "company"? So I say as long as two private ownership met together, it is not private, is public. All of Chinese all sorts of strange things, the school has all the schools, factories have factories, organs are organs, are you going to give it a concept, it is the public ownership, a person outside, is public ownership. The private enterprises in addition to a company of his own, with more than two companies are public, I think this is the major theoretical problem.

Private enterprises are state-owned enterprises, the protection of public ownership has what problem? The leadership of the cpc. This theory is no matter what obstacles. The vast theoretical problem most, our legal people's wisdom, can be solved. A fundamental problem, the concept of private enterprise, put it into private ownership, people always trembling with fear. To solve this problem is to be in the right and self-confident theory, company. I said so much, thank you. 

Chen Youxi.A brilliant exposition. The problem of ownership, puzzled us for years. Route direction of the reform of constitutional theory, the theory of criminal law, we, are affected by the basic theory. As long as with public ownership of the label, what things are good, can do, once with the private ownership of the symbol, as great scourges, anti back. In fact, we developed coastal areas, the government fiscal revenue70%The above is from the private economy, also is the traditional sense of the private economy, now Professor Xu portray him as public property. In fact, our traditional concept of public, divided into state-owned and collective, is actually owned by the government, the power of all people. Because the right to use, right to return do not directly reflect the ownership by the whole people, but over all, people enjoy. Ownership theory does not break, China reform is difficult to walk out of predicament, there will always be repeated. Economists have such little thinking. It is difficult to President Xu Jian have such thinking.

The legal person China has a lot of thinking people, there are a lot of responsible person. As Zhu Mingyong's lawyer, is tough to do. He defended Fan Qihang, at great risk, released a video accusing Chongqing Public Security Bureau to the severe torture to extract confessions. He submitted the evidence to the Supreme Court approved the death penalty judge, but he did not wait until the judge's appointment, but to Fan Qihang's execution. "Would rather die than for lawyers" fan Qihang really dead. The Supreme Court with his actions, that they support and disregard to torture to extract confessions. Zhu Mingyong be hardly worthy of belief is the Supreme Court, for a long time to cry, to cry, to hide "Zhongnanshan" months, shed tears while writing a song of grief and indignation poems. Wu Lei lawyers everywhere heard his hermitage, specifically to accompany him to comfort him, call me safe. The case of Yang Jinde in Nanyang, is a typical administrative breach of privilege persecution of petitioners, manipulation of the public security organ and the court, severe torture to extract confessions made case, it is Zhu Mingyong, at great risk, would have been paralyzed guard Yang Jinde met the video, released on the Internet, from the National shocked. Mr. Zhang Sizhi appealed to be brutal and inhuman torture, such a serious fact, why not the highest procuratorate intervention investigation? Yang Jinde is carrying on the court for eight days. But the court also sentenced him for more than ten years, and then the government held a press conference, a blatant lie said, no torture to extract confessions. A country, no independent and impartial justice, no public supervision of freedom of opinion, the public's ugly is unlikely to be exposed and curb. With his own responsibility and courage of Zhu Mingyong, has won more and more legal colleagues respect. Here we have invited Zhu Mingyong. 

Zhu Mingyong.Thank you, Siwei river let everyone remember a famous classic: justice is not in the moment, but we are. Yes, everyone knows, justice is not in the moment. But what about now? I think this is what we Chinese law, especially criminal defense lawyer must face, but also a problem to be solved. We discussed various aspects of this morning, I have benefited a lot from these studies.

How do the lawyer present? At present we is the current law to implement, can implement, of course we don't talk about the big environment, the micro perspective as long as you adhere to it can be done. Someone mentioned, some lawyers do not engage in blending. Some people don't believe. In fact, I never engage in blending, in fact very much now do not engage in blending lawyer. What is not to engage in blending lawyer results? Many people think that you do not go down. You think I'm going out? Obviously not.

I just got back from Guiyang yesterday, Guiyang Li Qinghong case, because the persistence and struggle lawyer, Dean years ago River Court, Guiyang hospital dean, Dean of Guizhou province high court, with their data to the Beijing report, though, said lawyers make the court, the results have not how. We went to Guiyang, the president of the court, judge, presiding judge asked us to the exchange office, also took out a few good tea, you are the tea expert, you better tasting. Then we have tea at the atmosphere of the full communication, further demonstrates our attitude and adhere to the principle of.

Last year a lawyer Sichuan were caught, but also because of handling criminal cases to public security organs in conflict, in this case I had let he Bing lawyers Ma, he said that does not matter, they always have their time, and I'll run. When the lawyer is not innocent release, we go to Sichuan detention, the director said Zhu lawyers heard you will meet with, say you first met, we'll talk. Just sit down, a deputy director of the end of two glasses of water on the meeting room, the end of the meeting, director, deputy director, the instructor said Zhu lawyer you hard, we went upstairs to talk, I said. He said the PUC regulators detachment captain and the commissar also in above, I said. Just sit down, he added, vice captain of our province Public Security Supervision Corps, as well as the team captain is on the way, immediately, want to communicate with you. I said that it would be better. All come together, we will communicate. I said why our lawyers wear Anklet? According to the provisions of the death penalty be convicted, he said we must explain this to you, in fact, we do not give the lawyer fetters, just put him from the county detention center to the detention center custody change fetters on the road wear. He said please don't misunderstand me. Is only a temporary measure, have now corrected. He also said that you are welcome to put forward to us the job and what opinions and suggestions. I will carry out, lawyers, what the mobile phone to your custody, if there is a leakage of information, how to do? My mobile phone why to you? He let the instructor down, said from tomorrow to. Later the Ministry Deputy captain arrived, we also made some exchanges. After the end, the director said today you here to eat a meal, we this place still has many characteristics, I said that line. Then we went to the lawyer pulled me aside and said, this meal is afraid still can not eat, not feast. I say they want to exchange, already missed the dinner time, wilderness and no place to eat, the eat, drink the drink, the disclosure is to expose. In this case, due to our insistence, this caught the lawyer finally acquitted.

I want to say is we work respect, this is not accidental, because we deal with these cases, you are of legal principle, your righteousness, you don't want to rights, spirit, will form a kind of strength. That is your mistake I must reveal, your illegal I must expose, must take you from derailment, pull to the normal track. I think every case, as long as you do, as long as you do the rational, beneficial, a festival, they may receive you tea, gas exchange. At this time, you can open to insist on his own terms.

We can see the results, Sichuan caught lawyer out, Guiyang court also said that the court resumed, will maximize the protection of the rights of lawyers, even the lawyer's lunch all coordination arrangements.

Through practical work for so many years, we have done so in every case, along the way, I do may be successful, perhaps does not have a simple copy and reference value, but it will bring us a reflection. For example, I worked for a black social cases, I was hearing the day before submission procedures, second days can not open court, procuratorate have issued the full back, and then removing a crime. Then listen to the local people said, they heard that I went to court, they felt the charges too high, they hastened to the court before the change of the indictment. This is no war and enemy soldiers. There is also a case, is the kind of case, I defend the second instance, the judge said not to hold a hearing, I pointed out the existing problems in this case and be publicly disclosed, I said if you don't sit, I don't make a written statement of defense. Results of the two judgment also said, a defence counsel was established, removed a I think does not constitute a crime, the party in recent years to reduce the sentence. You see, these results, it is because I am right than they? No, but because we uncovered the illegal facts to them, this is the maintenance of a legal struggle.

In China, we have been studying the criminal defense, in addition to the NPC Law School to teach the traditional defense our way, we must according to the social legal system Chinese characteristics, criminal defense of our current situation how to walk, how to do? Maybe, everyone has their way. But up to a point, you struggle more intense, of course you are to fight, you means more diverse, more non tradition, the results will be better.

All this is a struggle, but the fight there is no risk. Over the years we've almost in every case there are risks. We all know that the Li Zhuang case, in fact, a lot of people don't know Zhu Mingyong, Li Zhuang is the first case of Chongqing Gang, Gong Gangmo, fan Qihang case the first defendant Gong Gangmo's lawyer, I was the second defendant Fan Qihang's lawyer.2010Years7Month27I in Beijing Chongqing black involves illegal procedure and related video, photos, text material of torture to extract confessions to30Many media discloses, second days only a "new century weekly" made a brief disclosure, Hongkong's "South China Morning Post" made a disclosure, except that no sound. Then all the relevant information on the network, overnight all deleted. But the two day, all my blog and email password are stolen, in the online search my name, the results with some leaders said, show according to national policy and law, part of your search results will not be displayed. Then to my first feeling, network hackers, practice is the assassination. Then I put things up, a shot away. Then Chongqing city immediately set up7.27Ad hoc group, arrived in my hometown, and the place where I used to work to investigate. Our leaders told me, not three dial the people carries on the investigation to you, even you feeling of husband and wife is good. In such a strong effort, I can go to today, I really do not know, what the reason is because it can't happen. Judicial Bureau leadership let me talk about this a few years, why so many of you lawyers were arrested, but you again, two times, three times or even four times All is well, I said it was purely accidental. Sometimes we can not say clearly what you have a lofty ideal in encouraging or skilled technical support, or luck or chance. But when you really to justice, always be fearless of death, also do not have what dangerous.

I fled2Months later, back home, see my son holding toy submachine gun to bed, I said you holding a submachine gun why, he said I want to protect my mom. Then I asked him about Chongqing. You know, he said that, I said I was caught what to do, he said caught is not sentenced to a few years, a few years out, you put them up. Now we see but also in a few years, only a year, they caught. But at that time I was asked to do open on speech in Beijing City lawyer warning education television and telephone conference, I changed three times. According to the Bureau of justice and judicial authority, the qualitative change is "wrong", but I put the wrong two changed the words read at the time, I said I I think is "inappropriate". I said after the attorney general with strong hands to hold, we did not know before, and now know, after what I find, legal defense, we must protect. I am very grateful to the Beijing Municipal Bureau of justice in the rainy day, have the courage to take responsibility for that matter, also gave me a lot of inspiration.

Later, through this incident, the Bureau of justice has great confidence in me, they also see Beijing lawyers' responsibility and courage, as well as the precious spirit of dare to maintain law and justice. This year the Changshu case, all lawyers are received Judicial Bureau call notes, while the Beijing judicial bureau did not find us some Beijing lawyer.

Finally I want to say, justice is not in the present moment, what to do. In fact, we can not say more, also can not say more concrete, more effective, it can through the above story to tell you, at the moment, we do.

In addition, specific protection to private entrepreneurs, private entrepreneurs are in the way China appeared two kinds of concerns: first, immigrants; second, the underworld. Two private entrepreneurs friends I know, the first was a man, now is a very small country's richest man, to China came with their total unity, national leaders will also meet. However rich people are gone, the Chinese is not a good thing. I want to private entrepreneurs, as a lawyer, the lawyer is not staring at your purse, staring at your money, must be powerful people. So I see this topic, judicial protection called private enterprise property, but in reality we see is often the private enterprise property is not a judicial protection, but judicial infringement. In violation of only can provide the protection, is often the lawyer that weak voice and tough guardian.

Another entrepreneur,10Years ago the Jetta, see sit is Rolls-Royce. He said that the last time a case asked me to I didn't go to, he spent80Million. I say we are friends, but I'm not your lawyer. The law of things or to ask a lawyer to do, you may eat in the evening meal is a Jiwanshijiwan, but you won't get a legal adviser. Is actually very simple things, site. The wounded people, I say your behavior, if Chongqing is the standard of the underworld, you run run away. But he's still not realized, I make fun of say, you need a reservation defense fund.

It is worth noting, every triad nature of the case in the past few years have contacted us almost all private enterprises, almost all local maximum, the most wealthy private entrepreneurs. You say that it is not good to the local leadership? You said it was reluctant to spend money? No, but it's hard to tell in some condition occurs, it soon turned into black society. So, I finally give private enterprises a word: no matter you please not ask counsel, you must pay a lawyer friend, critical time even if no money, as a friend, we will not abandon you. Thank you. 

Chen Youxi.Lawyers defending national rule of law these years, struggle, appeared very many cases influence. Two cases are now unable to trial and judgement, one is Beihai injury cases and four case of trial lawyers were arrested, more than two years, it is not down. Another is the first case of Guiyang black,57A defendant, adjourned from before the Spring Festival, until now have not been restored hearing. Have a sense of justice lawyers, with our countries have legislation statute tools, a powerful contest with public power all illegal, uncovered illegal, guardian of justice, Hong Yang national rule of law. Below please Beihai lawyers Chen Guangwu lawyer. 

Chen Guangwu.From morning till now I still have a kind of be still suffering from the shock of feeling. Yesterday afternoon, the conference organizers told me, speaking should pay attention to all aspects of scale.

As a system of media, in China reality environment, can often give the lawyer to provide such a communication environment, China law "democracy and the rule of law" service is the only. Not only the first second. I am also not let send meeting materials, the GUI Ming roar. So I should be very sorry to Liu Guiming editor in chief. The friend is not break. Second, the situation seems to be getting worse, the noon situation as we all know, the situation is much more complex than originally expected. GUI Ming "is six plus one" is helpless. So I feel second guilty. Third, the day I have some complaints, just found Chen Youxi's material the solid paper case, morning assembly and no fat, also a night to send. Feel sorry organizers of the conference, I was mistaken. We China legal person, Chinese lawyers can not Liu Guiming the friend.

But I suggest not to tonight's salon, as is to the morning session, because the morning session has been authorities stopped, said to continue, may have trouble to the west. We had quite a salon -- Beijing Heng night.

The two fight north and south, some cases lawyers do have common characteristics, whether do enterprise's case or other cases, always feel behind in our case, there is a pair of very strong attacks, there's always someone in control. The black hand is I will not say who. To avoid trouble with the west.

So is the case of Beihai, behind someone in control. The court said not. Adjournment fast half an year has not found. But I think there is still hope.

These years every misjudged cases are similar to the "background", problem. I recently received a lawyer30A case of years to see the most shocking to me.10A year ago the private enterprise has encountered a liar, cheat him28Acres of land, is sentenced finally10Years in prison. But then the relevant departments meeting overnight, the command of public security leadership, immediately in the shortest possible time to the defendant acquitted, and then in turn held responsible. Then, in a short span of a month's time, such as public security organs of the authority, shall be investigated for30Many people, had been victims of fraud (informants) was convicted of the crime of false accusation5Years, all the witnesses all other detained forensics, after the procedure permits a batch, sentenced to a number of. This case is a genuine goods at a fair price fraud, the authorities handling the case did not do wrong. It is above a signing of leadership, not to tell the truth, no law, in cases of over. So let me very shocked. Then after I take a large force into the place, with3-5Years of time to put it down. When the attorney also by sanctions, has resigned, liar out after being blackmailed him hundreds of thousands of dollars, say not to give money to call him in to. There is also a legal section chief, was because in the report capture material sign, it shall be investigated for criminal responsibility. So do not think that only entrepreneurs will have an accident, not a sound rule of law, no standards of fairness, listen to the power of human spirit, no one can guarantee real security, including public security people. Only if we strictly independent and impartial rule of law, it may have a sense of security.

So the criminal defense lawyer in Chinese this environment, is lucky, as long as you dare to play, not afraid of risk, it is full of miscarriages of justice, have you play, you can play your role

The case of Beihai was going to report to the National Lawyers Association, director of the morning and Tian Wenchang to discuss the matter, he is not too optimistic. Last year the National Lawyers Association report very convenient, make a telephone booking arrangements. I'm afraid not. Yang Zaixin lawyers "residential surveillance" living environment more and more difficult, because a few days ago when he meets with the family, and I pass a telephone call, now to strengthen the surveillance. Meeting first write the application, leading to the signature. The time limit for an hour. Even Yang Zaixin residential bedroom door also removed, facilitate monitoring.

Let's hope that our lawyers, at present also bold move forward, I agree with Li Zhuang's views of lawyers, the situation is improving. I believe the country will soon be a big change, the hope is in the front. 

Chen Youxi.In recent years a person, is a journalist, and a lawyer, has been in the statistical research and case study China entrepreneurs crime, continuous out some research report. A lot of data is very valuable. So on this field with many of his right to speak. Because of the time, can't we all share his achievements, also can give ten minutes. We are please "entrepreneurs crime report" the first person to Mr. Wang Rongli.

 

Wang Rongli.I would say courseware is "private entrepreneurs crime and prevention".

China private entrepreneurs have so much, so young, so wealthy...... Crime, private entrepreneurs that I was shocked. This is to find the reason, check to find, private entrepreneurs "disease", but who is to rule? Justice? I found that the judicial also "disease", and finally found the society also "disease", go deep investigation, I found that country also "disease". The two years I had a cerebral haemorrhage, I found that the country has "cerebral hemorrhage", not a few years will be a big case, this "disease" is very serious. So the prevention of private entrepreneurs is very complex. I say the three point.

First, private entrepreneurs to clearly understand the situation, to distinguish the reason of the situation.

The first is to understand the situation, the rule of law, which is the national big trend. We this100There are three important words, one is revolutionary, another is to reform, the next most important words is the rule of law. Second can not keep up with the pace of the rule of law, it will create problems. We this30Can be said to economy go100Step, the construction of the rule of law to go50Further, while many entrepreneurs of the concept of the rule of law only go20Step. Two is the risk of private entrepreneurs is the greatest risk of law. The three reason is the private entrepreneurs in danger to be clear, the private enterprises to make money, you decided that some people get rich first, so a lot of people will be staring at the private entrepreneurs, which is the main cause of crime.

Second, private entrepreneurs to consider their own how to do?

One is the private entrepreneurs should speak 3 or four, politicians talk politics, economic man in terms of the economic law, law, culture and human culture, but now the string, what should be, so that private entrepreneurs to improve themselves, in this environment, others believe, you must learn this all, this is for the best. Another, private entrepreneurs to political and economic use of own advantage or the status, promote the country to the perfection of market economy in politics and political environment, market environment, and legal environment.

Third, is what other people help?

First, who will help the problem after all is said and done, only legal person, only lawyers. I once had a classmate in Shenzhen, private entrepreneurs invited him to dinner, he dragged me to see what I can do, say their legal adviser is not, they say we have a legal adviser, I was invited to a hospital dean, I found that many enterprises please is public security before the the length of that long. This is a big problem. The second is how to look at the role of lawyers, the role of lawyers is the automobile brake. The entrepreneur's fancy lawyers again what? One is the honesty, integrity or honesty is two, three. There are private entrepreneurs how to treat the lawyer. I think as the spring and Autumn period, the Warring States period, and the period of the Three Kingdoms, like the stage II, should be like the past "followers", like that treat.

Finally, the lawyer should do. A lot of this point you lawyers said, because of the time I do not say.

I will simply say so much, thank you. 

Chen Youxi.He WeifangThe professor just back from Northwest University of Politics and Law, was nearly eleven hours. Not immediately asked him to speak, let him listen to what we have at the salon, understand a language environment. He arrived at the scene, summary the salon without me what happened, he would be the "Beijing Heng night" bring another wonderful way to summary, help me. Below, we take valuable time much more left to Wei Fang, welcome!

He Weifang.I read the biography of Dr Johnson, which referred to a writer, the writer said when I eat pork, hate myself is the Jews, because the Jews were not allowed to eat pork, so eat pork imagine yourself to be a Jew, you will feel so sweet. Violation of the rules or violate a ban for pleasure, it is beyond all. It might belong to the characteristics of some interesting in human nature.

Tonight's Beijing Heng night, of course not morning Forum continues, but at night you talk. But I heard just now you the topic is still very heavy. In the face of these years, the rule of law is not on the right track, signs and all sorts of setbacks, people can not help but ask: our nation is still hope?

After the end of the cultural revolution, through large-scale correction of miscarriages of justice, we are convinced that at that time, the country does not have such miscarriages of justice. However, now it seems, at least is too optimistic. We will not think in any case, after thirty years, we are still the Criminal Misjudged Case can be heard without end, in the local area and even the emergence of the cultural revolution period of public security in the random repeat. What happened in Chongqing in recent years of, can be said to be a "cultural revolution". Needless to say, the private entrepreneurs situation, even that the protection of private entrepreneur's lawyer did not to be very careful, always with great care, the judge also safe? How many people are said to rely on strict in accordance with the law to obtain security, I am in Nanshan District Shenzhen court case has a line of big word hall, wrote, "as long as the choice of sided with the law, you will become very strong," I think this is a joke. The problem is what?

We need to solve this problem, I think honesty and credit of enterprises is the problem, the honesty and credit of every citizen is a bigger problem.80We have a consensus, together with the pursuit of legal society, we need to pursue that goal, attitude is sincere. But now, when some departments even files are not made, when I give you a call not publish what article, when everywhere is the kind of rogue approach, the admissibility of the case does not accept, also do not issue any written documents, when the country every night7O'clock half an hour of lies, from top to bottom, no sincerely, lost as what people needed dignity, when a local farmer will be fraud, hand all the blame, are complaining about fraud, but that is honest and simple farmers, when you add melamine and tonyred. When the resolute, we know that the country as a whole is out of the question.

The whole middle there is a phenomenon, in my opinion is to lawyers, the lack of cultural conflict Cultural Center for respect, lawyer occupation is a respected conflict culture product. The lawyer in court is to conflict with prosecutors and judges, conflict, and even conflict with public opinion, if we do not respect this conflict, the most basic then, lawyers will lose the play and the foundation of this, how about the respect obtained under real conflict and harmony?

Our entire political culture, from the start is harmonious. Britain has a modern a lawyer to write a history book, is about 360 years ago, the British tried them as king Charlie Thi's story. We see the prosecutor's performance, we see that the court they were king, is actually a real public hearing. The king asked my children can know this case status? The judge said, your majesty, you look back. The king looked back, the streets of poor people are trickling into the court, they want to hear them how the king's trial. We don't need to say the king today, a trial of a municipal Party committee secretary, the trial of Li Zhuang, including the Yang Jia, one of our cases is a public trial, really?

Why is there such a big gap? I know that a socialist political philosophy, it provides a reasonable space of conflict resolution. With the party's leadership would conflict, the most advanced productive forces, representing the fundamental interests of the people, the conflict is false, is not to be. In the face of such a conflict resolution of political philosophy and culture, how to go out? Some people advocate Confucianism, Confucian like inclusive conflict? No, Confucianism also don't like conflict. Although there are "" harmony but not Sameness "argument, but stressed that" rule by virtue "," benevolence "should be in however high", the final result is paradoxical, become "only those in high seed". So we think the prospects for future development, is extremely difficult.

We want to see problems, see the serious difficulties, to know that even if the future several years in politics has undergone some changes, but the cultural environment to let the whole nation respecting lawyer this line depends on the institutional environment,, is still a very difficult thing. The situation today forum encountered, clear display the difficulty is so obviously, but also somewhat absurd. Originally we give advice and suggestions for the government, how to protect the interests of private enterprises, private enterprises benefit guarantee is to guarantee the healthy development of our economy and society. However, some people seem to think that help people doing something, we can do what?

So I especially admire our lawyers, I said I was really happy with the country's brave group of people in a discussion. The income is good: "we must be free, only our freedom and happiness; we must be brave, only the brave, we can freely." Finally, once again express my in a glory and joy with all circles elite law. Thank you!

Chen Youxi.Thank you for coming, this is a grand idea. Indeed, this evening organizing such a Beijing Heng night, I also have no pressure. Because the elder brother just about all the experience, the first moment I from Xi'an play just to hear them say, but we have the responsibility to have a beginning and an end. Because the planning such an activity is not easy. So when we were in Beijing, when the study together with GUI Ming, Xu Jian, Wan Jin, we will consider to choose a safe topic, choose a China the need to study the problem. So we chose the protection and the development of the private economy. Think of this issue, still meet some small disturbance. My first speech to Xi'an, Northwest University of Politics and Law is a small storm, finally, some comrades efforts, including northwest Jia Yu Dean attention, perfect for a speech. This time, we do not want to let you leave some regret. So tonight in this field, by the Beijing Heng exclusive to, can be said to the front of the activity has no relation to. In addition, I would like to thank Duan Wanjin for organizing such a activities in the first line, would also like to thank the Beijing Dacheng Law support. Gold is not easy, some of his lawyers and assistants worked hard, made valuable contributions to this forum. All the money, all the planning, all the pressure we are aware of, and the outside a gold down, the pressure on him. So, even so, we still face great, thank you very much, thanks to President Xu Jian put the people's University law school two anniversary in Xi'an, participation in such a forum. Special thanks also go to Liu Guiming, he was from the "editor in chief Chinese lawyer", to the League Central, now rise again to "democracy and the rule of law" editor in chief, he has never left China lawyer, has been for people to think, for we China career as a lawyer, he has been in the cry, he is more stressful than we. Special thanks are to participate in this forum, the National Lawyers and friends from all walks of life, and our friends in the press, would also like to thank the young legal person Tan Mintao, help out tonight. Thank you members of Sulu, Sulu girl. So this is a Beijing Heng night legal person salon, although we Beijing Heng people to your dedication, but all in all, are a great ride and "democracy and the rule of law" agency. All the credit for this activity to you, what do not appropriate place, please criticize Beijing Heng, thank you! All the way back to tomorrow!

(from Chen Youxi Academic Network)