Chen Youxi: Beihai four law case "Criminal Procedure Law" meaning

     The note: Chen Youxi lawyers forward in its online yesterday I "Beihai four lawyers perjury "put three fishing" lawyers "CountermeasuresA paper, plus a long note:Beihai law case "Criminal Procedure Law" meaning.In fact, the west by brother write is a great works, six parts from the previously published, its breadth, height, depth and no one can. West brother finally to write small title is "Eighth, cancel the Party committee issues ",I expect to see today!

     Special instructions:Yang Jinzhu needs a lawyer perjury and Beihai four unrelated business, starting from today (July 1st, 2 days, 3 days three days without post), Tomorrow and the day after tomorrow"[Beihai] six lawyersThe network broadcast "by Yang Jinzhu's assistant as usual live working. We hereby state.

          ============================================

    The main sponsor, the Yang Jinzhu lawyer Chen Guangwu personally led the Beihai legal aid lawyers Wu Lei, Zhu Mingyong, Yang Mingkua, Zhang Kai, Wang Xing six law, strictly in accordance with the right China existing "Criminal Procedure Law", is favorable, rational, a day, to work, to Beihai after 48 hours, forcing the Beihai the police released the three lawyers, a witness (to bail way). At the same time, Yang Jinzhu first received aid appeal Yang Zaixin lawyers, it has been in the main suspects arrested. According to the survey, reported Beijing media reporters, the lawyers to Beihai on the same day, the Guangxi police were highly confidential internal consultations in nanning. As can be seen, in the Chinese now environment, whether some local legal system has been damaged to the extent to which, in front of the open, the legalization of public opinion, the law is still an important weapon to protect the fundamental rights of citizens. Any power, can not be without scruple. The role of lawyers, only with his fearless spirit, a strong legal foundation, respectful, sincere shoe danger dear Yi, let people really see the glory of the law, see justice division force, see the China the voice of justice does not completely buried arc.

   Event to today, after the lawyers met and survey, scoring, can be said clearly, four lawyers in Beihai to defend damage case is absolutely innocent. The three witness is innocent. Four injury lawsuits, is wrong is not to say, however, is sentenced guilty, not guilty is put is the basic legal principles. Not a criminal case, the court ten months had not found, let's Procuratorate, Public Security Bureau to catch, catch lawyers lawyers witness, arrest. This has fully demonstrated the Chinese now some judicial breach of privilege of illegal crime, break the law basic, to go all lengths.

   The China "Criminal Procedure Law" provisions of article 168th, the court of first instance after the case is accepted, it shall within one month of sentence. Not more than one and a half months at the latest. Special complex case can be extended by one month after the provincial approval. That is to say, the length is only two and a half months. But the Beihai intermediate court from acceptance to the decision, has serious illegal. Acceptance to the trial time not only public hearing, until now, has over the past ten months. "Law of criminal procedure law" as a very important criminal court must abide by, in their eyes is basically a waste paper, be not worth a penny. Therefore, the court of first instance of the violation, no other evidence, have been able to confirm. The court is illegal, this is the current China an extremely large problems.

   The seriousness of the problem lies in the court, the illegal, is responsible for legal supervision of procuratorate requirements. The court adjourn indefinitely, then the materials to the public security, let the police to check the witness "". Police then arrested three witnesses, want to fix the torture to extract confessions confessions as evidence, the case sentenced. For making false confessions witness appearing in court, and that the public security false evidence, four legal torture to extract confessions. Therefore, method, inspection, and these three Beihai judicial and quasi judicial organs, is already regarded the law on collective and collective, serious illegal.

   More serious is, after "Caixin" reporters to the Public Security Bureau of Beihai public security organs clearly inform interview, this is the city of Beihai politics and Law Committee coordination, handling of the case. Beihai law reflect, Beihai City Bureau of justice, the City Bar Association have been informed in advance, no local lawyers participate in adults, are not allowed to accept a reporter to interview, not with the provincial law rescue four arrested lawyers.

   In these cases, clearly show, in Beihai, all of the independence of the judiciary and law enforcement of defense had been lost, there is only power of the claws, just act on impulse in handling things, just revenge, just I Shun Chang, against me dead. But there is no legal standard, no conscience, no to the basic facts and evidence of the respect.

   Cause of the Beihai case is very simple, no background factors too complex, only the public security organs under the "homicide cases must be broken" pressure, the rough a little, may make a mistake of the suspect, wrong people present. Such cases, the error is very normal, after the court trial, find out the truth, a guilty verdict, mistake is found not guilty, very simple. But our court, procuratorate, public security organ, not tolerate this kind of challenge, privilege thought and presumption of guilty thinking themselves step by step out on a precipitous rock faces and sheer cliffs, become not retreat. Therefore, it is not the individual parts of the thing, but the common one kind of legal thinking. The criminal lawyers catch cases, many are the privilege thought, presumption of guilt, "may provoke thinking caused me". In this case, we want to this concern, in addition to four innocent lawyers not wronged, we think deeper, China need a what kind of "criminal procedure law".

   Beihai law case, it embodies the basic problem which China criminal procedure? To the National People's Congress this amendment, bring what enlightenment?

    First, is the procedural rights of the public prosecutor, law.

   One of the biggest problem now Chinese in criminal action, is not the result of court judgment, to investigating the identity of the suspect, the man shut for more than a year. In addition to the normal statutory time limit, the procuratorate two checking can drag on for five months, the inside of the court for approval may be extended by one month, the public security with the discovery of new crimes can be re computing time, the procuratorate may require the postponement of the hearing, the court asked the lawyer with a surface for extension by lawyers, commissioned by the evidence of the court delayed indefinitely, if these procedural rights all used up, a criminal case from the detention to a trial, can engage in one to two years. If is the Commission's anti-corruption case, is in front of the "double" nominal put restrictions on freedom, can also engage in half a year, so, a person without a trial, can lose their freedom for one to two years. Because of Chinese today's public security organs in Party committee unified leadership collaborative case, once the case, in order to cover up the pursue the wrong grasp the consequences, will make the guilty verdict has held on time. An offense that can't decide, find other charges, to determine errors, caused by an established fact, to cover the front right off. This is a fundamental reason of course by the court case Chinese deliberately cast, a case can not be timely redress, legal petition rising. Because of the public security organ, the procuratorial organs China strong position, the court of corruption and not clean, courts are afraid of public security, procuratorial, commission for Discipline Inspection, the investigation organ are all secure to rely on, widespread abuse of this program the power to kidnap the court, deliberately delay case. A check back extension, resulting in an established fact has held for one or two years, the court did not sentence to sentence, forcing the court to make a guilty verdict. If the court does not agree with the Commission of politics and law, public security, procuratorate is the discipline to put pressure on the court, forcing the court. A lot of case is such a. Therefore, do not restrict the status quo to shut not sentenced this fact from the legislation, Chinese human rights situation can not be improved fundamentally. Case can not be eliminated, but also more and more. Those people in the manufacturing case today, they often have been affected by this system of retribution, once wronged, there is no salvation. I have a lot of defense before the leaders and authorities, the Commission for Discipline Inspection, there are a large number of such facts of blood. The nest, difficult to survive.

    Second, is to limit the Chinese personal rights of citizens who decided the question.

   The criminal procedure law Chinese, determine that the public security criminal compulsory summon rights, criminal detention. So public security exclusive decide people 37 days. No power can control him, without any channel can be relief to the innocent suspects. Because this is a "statutory authority in the criminal procedure law". In the sound national legal system, the police did not have long-term restriction of personal freedom power, must pass the hearing, some to the magistrate's court, magistrate organization in custody hearing. Some countries (such as Holland), the restriction of personal freedom power only three days, if the court does not agree, must be guaranteed to put people.

   In addition, the procuratorial system Chinese also learning Soviet authoritarian, set up the same court level Procuratorate approved the arrest, the right to the procuratorate. A criminal case, the public security organ shall be submitted to the Procuratorate approved the arrest, the public security organ is the investigation of three months for the right. Report to provincial Procuratorate approved, can be extended for two months. Procuratorate still have a month to review the prosecution right. Two checking, public security, procuratorial and five months jail right. Therefore, in the framework of Chinese present "criminal law", the public security and procuratorial tache, can decide a person detained more than a year. These held link, not a judge approved, no lawyers and suspects a chance to defend, as long as the public authorities unilateral decision can always held.

   Therefore, to modify the existing "Criminal Procedure Law", the introduction of other countries and China's Taiwan region "custody hearing of the court" system, is to protect the basic human rights Chinese, must walk the road. Criminal detention in custody, there should be a relief channel for the suspect, can see the lawyer, can apply for bail, can apply for by the judge to review whether held. Not by the case handling organ decide how they held investigation. Because all the authorities handling the case, in order to solve crimes, crimes convenient, want free to keep people up. The longer the better, especially some long investigation difficult to break the case. Therefore, human rights must be restricted to close the investigation organ, the investigation organ shall not have the right to decide for themselves off, it is to be a sound legal system country's basic human rights principle.

    Third, is "held the" or "bail investigation" problem.

   I to European countries to visit, investigation to the Hongkong attorney general, their criminal cases investigation, held less than 10%. Only a serious crime, to put in the society is likely to endanger, endanger, endanger others victim witness, may escape, do not return, must be locked up investigation. Because of their conviction, not on the confession, but by a lot of not to change the objective physical evidence and documentary evidence. The witness to testify in the court, also is effective, not by conflicting testimony, to force the court.

    Therefore, in their jurisdiction, may not exist, as Chinese so serious common witness, witness, to catch persecution witness extort confession problem. As long as there is a witness against the police on his threats and persecution of evidence, the court may set aside the testimony.

    And we, anti corruption and bribery cases, grasping the witness is the one hundred percent. The witness was cruelly persecuted, already meet the eye everywhere. Because of the "bribery" in our criminal law, "corruption" in the "accomplice", if the court written testimony, without the need to testify in court, all the investigation organ will be through the "bribery", "common crime of corruption" catch the witness testimony, to force out, to organize their alleged evidence, without exception. Because our "Criminal Procedure Law" gave him the convenient. Chinese court gave him written proof of convenience.

    I these years in many articles have been revealed, Chinese of torture to extract confessions, total root in the court. China court largely accepted the torture to extract confessions evidence investigation organs, contributed to this criminal law phenomenon. One obviously is evidence, all have been wrong to kill the severe torture to extract confessions criminal verdict in the case, the court did not have a written torture to extract confessions. Now find out torture to extract confessions, such as Zhao Zuohai, She Xianglin, Du Peiwu case, no one not happen to be brutal and inhuman torture, the Court pointed out that no one is not a lawyer by the court to pay no heed.

   Therefore, the Chinese "Criminal Procedure Law", in this law must be carried out major reforms. We must insist on more than 90% of the suspects were released, investigation. For investigation, as long as keep about 10% is enough. Only the homicide, injury, rape, robbery, theft, explosion, poisoning, terrorist crimes, drug trafficking and other serious criminal suspects, possible collusion, intimidate the witness, occult metastasis property, to escape, to the criminal suspect, and released on bail during another person. For the type of property crime, economic crime, crime, the order of the state of crime, can all be guaranteed for investigation in.

   Investigation of the conditions of bail, the property and other personal documents limit constraints. Bail bail, can be restricted to enough to automatically return to the court to limit. The power of examination and approval must be released on bail, the court. By the court bail hearing. With the Taiwan area Chen Shuibian cases. In this way, torture to extract confessions could eliminate the system, forcing the public security organs to rely on objective evidence, documentary evidence, the identification organization accused of objective evidence, real evidence not credulous.

    Thus, light crime suspects, young, can prevent the detention was "two pollution", resume stain less easily, return to society. The pressure can be greatly reduced, can merge, is only responsible for the real harm suspects detained on society. But the prison, is a public trial confirmed, really guilty. Chinese, judicial, only true civilization, realize the attack a few bad, to protect the most good purpose of punishment.

  Therefore, the bail system reform, should be a key changes as the "criminal law".

    Fourth, the court debate, both sides of the equality.

    The Beihai case very clearly shows the Chinese Criminal CourtAnother serious problem -- both sides status not so serious. For a serious torture to extract confessions may be, the fact of on court, court investigation, originally should be to identify torture Is it right? Existence, rather than help the public security organs cover torture to extract confessions. The allegations of torture to extract confessions, losing is Procuratorate, because it is easy to destroy his evidence of defence; not always is the investigation organ, because the police may be suspected of crime. Therefore, in an independent court, the emergence of this problem, is dangerous to the public security, procuratorial is, there is no danger of lawyer.

   However, criminal court in China, the danger was over. Caught not engage in torture in support of the police, but accused of exposing such violations of witnesses and lawyers. In the world of criminal justice, is probably the one and the only one, in addition to the autocratic uncivilized country, other civilization of rule by law countries don't have this kind of ridiculous event.

   This situation is how to generate? The same reason lies in the Chinese present "criminal procedure law". Prosecutors and court status as high, he is not the same of lawyers "defense equal". He can not only higher than the law, but also higher than that of the judge. Because the criminal procedure law. He has the right to represent the state of the court for trial. The theory is the court to enforce the law strictly, but our prosecutors did not detached noble. Almost all the facts to see, is to strengthen supervision charges against him, not fair justice. They think my view is on behalf of the state, is the representative of legal justice. It is sacred and inviolate. You violated, I was adjourned, to intimidate the witness, call the Public Security Bureau or simply on their own grasp, grasping the lawyer witness. He has asked the trial for insider directly to the court's right, this is called "Joint Conference on information is illegal," the lawyer. Light hanging light, heavy sentence. He has to attend the trial committee's right, put forward "to attend, if you do not listen to advice", I go back "procuratorial suggestions" issued to you, please press your committee coordination. If a lawyer about the judicial committee, the collegial panel point of view, is suspected of illegal and criminal. In the recent high, high "sentencing guidelines". Procuratorate view called "sentencing", said the same "procuratorial suggestions", the court must pay attention to; and lawyers that "sentencing opinions", can only be used as reference.

    The design of our criminal procedure law power structure is such. It reflects the influence of the old Soviet law thoughts on China ingrained. Prosecutors think, I is the public authority, on behalf of the state prosecution, safeguarding national security; and you lawyers are murderers, rapists to defend your position with murderers, rapists, almost. Your opinion is not on an equal footing with me. The 60 year old law of Soviet ideological education influence down, many of our procuratorial organs of the comrades, including senior, had a deep influence of Soviet legacy without knowing it, thought he has legal basis of firm, this court inequality is as unalterable principles, behoove. You have to study, is contrary to the theory of proletarian dictatorship, is free and westernization, must be criticized. But our "Criminal Procedure Law" also provides, the parties in court have equal status, the court must be equal to listen. "The law of criminal procedure" is very logical paradox problem, first world hidden in the inherent provisions in its execution, and chaos.

   The lawyer and the prosecution status must be equal. "Criminal Procedure Law" revision, not small patch repair, but from the fundamental procedural structure, re construction. You must cancel procuratorate to attend the judicial committee's rights, lawyers do not know, procuratorate cannot know, let the court independent discussion. The court must cancel procuratorate supervision. The court must be completely detached and independent, not subject to any organization and individual intervention. Moreover, a judgment in court. They are only responsible for law and fact, evidence. Procuratorates can attend court defense lawyer, the other party must be able to attend. Let athletes to supervise the referee, the referee close score to let athletes to comment, this is the design of a ridiculous for China law. Is the former Soviet Union to strengthen the dictatorship to suppress the Cheka command, court, and design of a very foolish system, they gave us Chinese.

    Fifth, the right of freedom of security problems of lawyers who.

   Chinese lawyer for forensic arrested sentenced, is now the people are aware of the fact. Now grab lawyer momentum be just unfolding around. Beihai this put a satellite in June 11th, Li Zhuanggang came out from the Nanchuan in Chongqing prison, Beihai took three of the four lawyers, a left.

    Beihai lawyer's innocence, in fact as long as a normal thinking and calm and objective thinking person, can analysis. First, four of the lawyer would not be in the same case, the same time, the same court to make the same mistake. Second, the four lawyers charge as much as 8000 less 6000, the illegal cost theory, they risk not worth taking a price for a small case this money, the risks of violating the law, can't they would get together and do not mind, be not easily won their lawyer license, pay the personal freedom and the life reputation price. Third, the case Li Zhuangan earlier, just release has not vindicated, national lawyer be known to all, without a lawyer will go to touch this place, do not defy the law, avoid too; fourth, all met four lawyers, have a security certificate, signature and seal of witness told hand, and sound proof. They did not induce, hinder the witness, all the evidence has a prior prevention. These facts, if a little common sense, do not rush to catch a lawyer.

   But Beihai is caught. The court's desire, a great social influence, has a whoop and a holler crimes cases ten months can't judge, court, procuratorate, public security vent on lawyers. They think the lawyer was in trouble, is a lawyer in luring witnesses and defendants. In the case of public security public security cooperation, and grasp the human rights, procuratorial and fishing rights environment, first catch, catch a lawyer witness after mode again.

   The court did not ten months dragged not judge power; procuratorate also not without checking, and request the public security to carry out investigation, grasp the power of police witness; no case has entered the phase of the trial, and the investigation of evidence of self reinforcing, grasping, grasping the witness in court trial lawyers direct intervention trial. But in a joint case handling, ten months do not judge this kind of environment, everything becomes possible, into a reality. The criminal court, public security, procuratorial and lawyers are give tit for tat. This relative, if the design into a catch on the other side of the right, the other side is caught will become the norm. But if you can catch the debate, the gain fromAshamed into anger after the inevitable is arrested.

    In fact, audited three criminal courts can know, a lot of perjury, false evidence in court, is the public authorities Bureau of public security, procuratorate to the court. Evidence of torture to extract confessions, is the biggest. But there is no police, prosecutors perjury? No. Only lawyers perjury, obstruction of witnessing. The public institutions only the crime of torture to extract confessions. Put to death, cripple is crime, make perjury provided to the court, without sin. In fact it never be held. If equal for litigants, prosecution, investigation are parties, shall be investigated for perjury them, many police, the people of the Anti-Corruption Commission for Discipline Inspection, many people can be. Why perjury for lawyers?

   Therefore, "Absolute terms must be added to guarantee lawyers during the resumption of personal freedom to modify the criminal procedure law ". The defense lawyer, any behavior is to perform defense duties are not prosecuted. Some people think that this will indulge lawyer perjury behavior. This is not to worry. One is the vast majority of lawyers not to lure perjury, elimination mechanism he practice discipline and market, two is control has its own credibility and responsibility, and the Court confirmed three cases of perjury, the criminal responsibility. The four is the individual lawyer perjury, compared with all the lawyers can't really argue, the value orientation of the balance between them, is to encourage lawyers really argue, the protection of basic human rights of citizens of the China, preventing judicial arbitrary and unjust. Therefore, during the lawyers to perform their duties, must the absolute prohibition of grasping the law, to prevent the occupation of revenge of lawyers' defense right is severely impaired, and ultimately harm the rights and interests of the client, resulting in more miscarriages of justice.

   Sixth, protection of rights of the witness.

    "Criminal Procedure Law" stipulates clearly witness protection, threatening, luring witnesses must collect evidence from the witness, in the objective environment. However, these years Chinese criminal witness a lot of threatened, detained forensics phenomenon, happen every day. This threat is not from the society of crime, but from the public power. The reason, first, it is said a lot of adoption court witness depositions, and don't ask him to give evidence at court. Second, is the "criminal law" in article 307, witness perjury.

   If the witness perjury is necessary. But we must stress forensics to limit the public authority and held evidence. Cannot make the witness to testify in his intentions. Witness the location must be free, voluntary. Not in custody. If found to be held evidence forensics, threat, trading up, the evidence, the court will be canceled, regardless of their authority is evidence, or lawyer forensics. The court ruled that testimony shall be invalid, the court testimony shall prevail.

   Beihai the four law case and the Chongqing Li Zhuang case, dangerous to the lawyer, is from scratch. Li Zhuang case six witnesses were arrested, detained defendant to impeach lawyer; Beihai case three witnesses were arrested, four lawyers, a month after being caught. Price risk the lawyer, a big risk is the risk from the witness, it is easy to get into a lawyer's perjury. When the police witness testimony is torture to extract confessions false words, lawyers take the truth testimony, but because the public security, procuratorial grasping the witness rights, the lawyer did not this right, public right with threats, challenges, promise, commutation, lenient, lure, very easy to get to from favorable witness. The police prosecution witnesses arrested, and then fixed false testimony, said to be true. Then you can be a lawyer. Asked you have said, the signature, the video, you will be no more a confession. Why did you not honest confession? The witness said. My confession, is a lawyer of teaching. Then, the public security bureau can be used as evidence to catch a lawyer. Once you can catch the witness, is easily fixed on public security, procuratorate favorable testimony. False confession becomes true for, lawyers got really certificate, but become perjury, the lawyer may be caught. There are a lot of tainted witness, such as bribery, itself has sentenced risk. Afraid of prosecution, public security. The public power to probation, not to prosecute, pleaded guilty attitude is good, determination of voluntary surrender, the bait, basically without success. Witnesses and once defected, lawyers have caught from. You shut after a year without help identify perjury, prevent to testify, but the prison had sat.

   Therefore, we must protect the rights of the witness. "Criminal Procedure Law" in custody, persecution, lure, transaction witness evidence, other illegal means shall be invalid evidence, testimony. Sites should be selected by his own witness testimony, as long as the witness, personal freedom must guarantee, the freedom to come and go; CO suspects confession, they must appear in court testimony, cannot be directly used as testimony collection.

 

    Seventh, the witness problem. (To be continued)

 

 

    Eighth, cancel the Party committee issues.

 

Beihai four lawyers perjury "put three fishing" lawyers Countermeasures

                                     Yang Jinzhu lawyer

      In June 16, 2011, Yang Jinzhu in the blog published "The lawyers to go toThe North SeaFor the four detained lawyers providing legal help " A paper, the paper points out that the:

    Four Guangxi lawyers for a case which violates Article 306 of the criminal law is suspected of perjury crime by criminal detention, has attracted great attention of lawyers.

   The lawyers have initially formed, the following list:

   Chen Guangwu's lawyer, Wu Lei lawyer, lawyer Yang Xuelin, lawyer Wei Rujiu, lawyer Zhou Ze, Zhu Mingyong law, Zhang Kai law.

    The lawyer to provide legal help on Sunday in Guangxi, Beihai for the four Guangxi lawyers.

 

   According to the original plan, lawyers should be in Beihai in June 19th. In order to give full play to the role of Guangxi local lawyer, also in order to save the travel expenses, Yang Jinzhu in June 17, 2011 in the blog "Guangxi lawyer to rights "The lawyer, North Beihai to suspend, first by the Guangxi local lawyers to meet by four lawyers took. Unfortunately, the Beihai police paid no attention to Yang Jinzhu two blog post by the release of information, so that in June 20th to 24 days a week still did not arrange local Guangxi lawyers to meet by four lawyers took.

    Can say, the lawyers is drive a duck onto a perch by the Beihai police.

    The six lawyers in June 27th at three in the morning all set foot on the land of Beihai. The afternoon of June 28th, Chen Guangwu's lawyer and lawyer Zhang Kai in Beihai detention center met Yang Zaixin lawyer. The evening of June 28th, be detained by criminal lawyer Yang Zhonghan and Liang Wucheng are different residential surveillance, Sifang lawyers, lawyers are pending home. The morning of June 29th, Yang Zaixin lawyers were arrested.

    The Beihai police in 48 hour overnight to put people, seemed a bit embarrassed. So, why don't you last week in the favour of Guangxi local lawyers!

    Three fishing, lawyers within 48 hours of the battle, Yang Jinzhu saved the future continue to talk about the I Ching qualification.

     Yang Jinzhu think: lawyers in the next 48 hours three fishing while playing, no war and enemy soldiers, is the overall strength caused by lawyers, and print media, network media and lawyers and netizens cry, watching closely.

 

    Three fishing, Beihai police contraction front, aimed at the target. The name of Yang Zaixin is going down in history Chinese lawyer.

    Three fishing, battle of Beihai fight hand to hand with skirmish ended in victory and the great achievements, lawyers should be on the front part of the success and failure, gain and loss are summarized. More important is: lawyers, according to the three capture new situation to develop new strategies to their.

     Yang JinzhuBeihai four lawyers perjury "put three fishing" lawyers put forward the following suggestions and countermeasures:

    

   A,Lawyers making the basic countermeasures in future:
    Beihai's four lawyer perjury and Li Zhuang case. Political factors in Beihai four lawyers perjury case not to sing the red black, the so-called "black enough money no, silly, Qian Duo, come to the". The Beihai case is just a case of intentional injury caused by persecution, frame the lawyer witness ordinary criminal cases. From the law perspective, the Beihai case is more typical.
   The case of Beihai four lawyers perjury case has received strong support from the president of the National Lawyers Association, the airplane is Ning speaking, that attitude. Yang Jinzhu attracted the attention of the National Lawyers Association to ACLA report. China lawyers network published in Ning, interview take to condemn Beihai police behavior. This is totally different with the original Li Zhuang case.
   Beihai four lawyers perjury case will Chinese 200000 lawyers bluff, make Chinese lawyer no retreat. Four lawyers perjury crime, China lawyer this small group complete awakening: if not self salvation, Chinese lawyers will sink to the doomed eternally. The 200000 lawyers Chinese shouting in unison, without a murmur, which is completely different from the original Li Zhuang was within the legal profession split.
   Since Beihai's four lawyer perjury crime, print media and network media rapidly onlookers, southern weekend, Southern Metropolis Daily, Caixin, reported in twenty-first Century first sound, ifeng.com, legal weekend, people.com.cn authoritative media rush forward, this is a world of difference and Li Zhuang was.
   The six lawyers from the beginning of a landed on the land of Beihai, Yang Jinzhu Sina blog "the six lawyers in Beihai network broadcast" played a great role. Hits a day on average more than 50000 people. Yesterday click volume has reached 85000 passengers. Yang Jinzhu in the four major portals have played a great role in micro-blog live. Thanks to Chongqing's Li Zhuangan in the second quarter of April 18th, Yang Jinzhu riding alone for thousands of miles of the network broadcast the Yang Jinzhu found the way of network direct seeding. Dynamic Guangxi lawyer case can spread quickly on the network, high attention from people, which is completely different from the Li Zhuang case.
   Beihai is a border town, not with the Chongqing comparable. Yu Du high, Department of Political Bureau of the Central Committee of the party and state leaders, but also. Compared to Beihai secretary and Yu Rui, not in a hierarchy. Beihai height of arrogance, dare to also capture the four lawyers, dare the law at disregarding, dare in Ning president megaphone at disregarding, obstruct lawyers.
   The above points is formulated on the basis of Countermeasures in the future lawyers.

 

    Two, make lawyers future strategy framework

   Lawyers all strategies in the future, are required to act within the framework of the law. Lawyers, all members of the words and deeds are subject to restrictions, legal framework. Take the law as the basis, take the fact as the yardstick. This is lawyers shall not exceed the red line and principles.

 

    Three, make lawyers future strategic goals

   The goal has two:

   First, in the case, according to the facts and the law, lawyers will strip the Beihai judiciary two illegal painted in the legal level, revealing the structure law true colors. The case of Beihai and the Li Zhuang case, Li Zhuang case is "justice", and the case of Beihai's slogan is "justice as soon as possible! Don't let the shame of justice in Beihai! Don't let the national dignity of law in Beihai damaged!"

   Second, promote the rule of law progress through the case. The most direct is to take this as an opportunity, widely discussed in Article 306 of the criminal law of the abolition, reach consensus, in next year's NPC and CPPCC by lawyers of the NPC deputies put forward the motion, demanded the repeal of Article 306 of the criminal law. Secondly, to promote the implementation of the law by the case of Beihai, the implementation of investigative power, the right to meet with lawyers, marking the right to legal right to practice. The Guangxi police have the know, a practice, lawyers must first have the suspect after being signed to meet, really have never even heard of it! Is Guangxi a country?!

  

    Three, the specific strategies (recent work)

  1, to the National Lawyers Association report, asked the national Lvxie adults Committee, according to the provisions of the constitution, membership rights program start.

  2, according to the legal procedures to Beihai City People's Procuratorate and the Public Security Bureau of Beihai city issued legal submissions, as Yang Zaixin apply for bail.

  3, according to the legal procedures, make innocent appeal lawyers for Yang Zaixin. From the beginning of Beihai City, to the public security organs, procuratorate, people's Congress appointed within the division, such as the politics and Law Committee has jurisdiction over the Department sent "about Yang Zaixin lawyer no violation of Article 306 of the criminal law does not constitute prejudice legal opinions to bear witness". Then, through to the Guangxi autonomous region and the central unit for lawyer Yang Zaixin Nolo contendere.

    Lawyers provide legal assistance for 4, two witnesses in accordance with legal procedures, go for the same way Yang Zaixin lawyers to appeal, appeal to the innocent.

    5, accept the family trust, appoint lawyers for Pei Jinde, the four defendant served as counsel, asked Beihai City Intermediate People's court as soon as possible to make a judgment on intentional case, the Beihai intermediate people's Court of not the case in the past ten months the next sentence, it is a serious crime.

    The 6 draft "lawyers in Guangxi four lawyers perjury case to the National Lawyers book" and to the Political Bureau of the Central Committee "on the nine standing committee of the Supreme People's Procuratorate, the Ministry of public security, the Ministry of justice, the National Lawyers Association, the composition of the joint investigation team went to Beihai investigation report" on the four lawyer events, but the hidden not, as the case may be.

    7, to the Xinhua news agency put forward suggestions, advice Xinhua News Agency reporter to investigate the four lawyers perjury case, based on the results of the investigation to the central government issued by the investigation report.

   8, whether or not to accept the domestic registered lawyers real contributions to lawyers handling cases (mainly travel) to the National Lawyers Association issued a written report.

 

     Finally, emphasize two points:

   A, lawyers open sunshine Beihai mailboxYangguangbeihai@gmail.com"Has received many grievances mail, but lawyers ability is limited, also do not have the ability to do the" justice bao". Therefore, in addition to Bai Hu tou Cun Xu the crime of illegal business Kun case is the second instance, a people can be entrusted with the lawyers to defend Xu Kun, short-term should not accept the other case Commission, according to legal procedures will be material to the complaints department.

    Two, the opening of the Beihai lawyers sunshine mailboxYangguangbeihai@gmail.comThe report received official corruption mail, all over the Central Commission for Discipline Inspection and the Supreme People's procuratorate. Lawyers strictly confidential informants, not to disclose any information to any media.