---In the province of Guizhou Lawyers Association

 

Speaker: Chen Youxi

On March 6, 2011 afternoon 1 when -5 when, Guiyang

The rule of law environment on both sides of

China status: rule of law rule of law progress or regression
   Optimism and pessimismThe overall and individual
See Chinese law environment in a positive light
   The political environment will develop to the direction favorable country under the rule of law
The central government attaches great importance to Chinese lawyer industry status
 The survival status of Lawyers ConcernPay attention to the protection of the rights and interests of lawyersStrengthening the system management
The social from all walks of life never like today China lawyer
    Intensive reports The academic circles interactive media enterprises

Overseas attention

The lawyers of the past

The origin of human lawyer system

A brief review of the lawyer system

"Danie after": "if can know Dharma, which can explain the good, is a lawyer." Law, rules, the Buddha's precepts, can explain the rules and discipline, so is a lawyer.
Emerged in fifth Century BC, the ancient Rome period of the lawyer system. The first 594 years of the Republic, the jury court. "Proceedings open to the public, both sides can debate."
Third Century BC, emperor of Rome in the form of an imperial edict to determine the "Da Jiao Lu" engaged in "for civilians to consult legal matters" occupation. At the same time, also allows the proxy action, then, "the lawyer occupation" officially emerged.
The bourgeois revolution to establish legal system. In 1215 the Great Charter of liberties. In 1836 William IV awarded method "in any case the pre-trial and trial has the right of defence". The establishment of lawyer system.

The origin China lawyer system

The Chinese law system:
Shi, staff, court debate, touts, Songshi, scrivener,
From the official standard, associate, etc to agent
Spring and autumn and the Warring States, "Zuo Zhuan" Chronicle "Lu spring and Autumn" about Deng records: "with the people in prison about big prison, a prison clothes, small jacket trousers. The people offered clothing science litigation, countless, so as not to non, is, is not excessive, and not daily, to win and win the crime and crime, "" Zheng Guo chaos, people mouth sound ", was killed by a Si zhuan.
In the litigation. The inevitable result of authoritarianism. The asking, tart grazing, not defense.

The origin Chinese lawyer system

The modern significance of China's lawyer system, began in the late Qing dynasty. In 1840 the door open. In 1901 (Guangxu 27 years) Zhang Zhidong Westernization "Jiang and Chu will play three fold" reform, judicial reform 9 opinions put forward "the card".
In 1906, Shen Jiaben "criminal and civil procedure law of Qing" (Wei Shihang), specifies the position and role of lawyers. China earliest on the lawyer system recognition. Provisions of law can be written like a lesson; defense; Tang for the plaintiff and witnesses; generation of the defendant, extended case debate.
In 1910 Shen Jiaben "criminal and civil procedure law of Qing", 2 counsel; right; communication right; marking the right weight of evidence; examination. By the traditional Confucianism blocking not do.

Chinese lawyers in the Republic of China

In the first year, the Justice Department announced the temporary regulations of lawyers. In ten years, with a revision, the same year published articles of association Commission for the examination of lawyers.
In November 14, 1921 the government "Criminal Procedure Ordinance" provides the right to counsel.
In 1928 July, the Nanjing national government "Criminal Procedure Law" provisions of Article 165 of the lawyers right of defense, defense right, inquiry right provisions, right, the right of defense.
In 1945 June, the National Government Ministry of justice "public defender service rules", there is a complete system of criminal procedure.
The period of the Republic of China lawyer qualification:
A Chinese, people over the age of twenty-one.
Two, passing the bar exam, or in accordance with the Constitution with the exemption qualifications.
The exemption qualifications are as follows: first, with the qualification of judicial officer. Two, the Commission for the examination of lawyers review qualified

The new Chinese lawyer system

In 1932 June, according to the times, "the regulations" "the defendant may be represented in court".
In 1936, the Yanan times, "the court bill" "laborer has entrusted the right".
In 1946, "Shanxi Chahar Hebei court work instructions" "allow the defendant to themselves and others commissioned defence".
1949, the abolition of "Six Laws".
In 1950 December, "about the ban black lawyer and event notification.". Ban old lawyer system, lawyer organization disbanded, stop the lawyer activity. Cultivate your own people's defender.

The new Chinese lawyer system

1954 "constitution", "the accused has the right to defense". In May 18th, Dong Biwu proposed to restore the lawyer system.
From 1954 to 1957 is the new Chinese lawyer rudiment period, when the Beijing, Tianjin, Shanghai, Shenyang are in the trial promotion law firm, the country has nearly 3000 lawyers, 19 provinces (city) the establishment of Lawyer Association, there are 817 legal advisory office. 1957 "Interim Regulations" lawyer. Anti rightist lawyer overall mortality.
   The second half of 1957, the political movement, and later the "defy laws human and divine No lawyer" upheaval, the lawyers almost The whole army was wiped out., new lawyer system will collapse. "When the only retained the Beijing legal advisory office a sign, four or five individual dressing. 30% of the country's lawyer was shot to the right.
 In 1978, the Third Plenary Session of the eleven bring order out of chaos. "The constitution" once again to establish the right of defense. 1979 "Criminal Procedure Law" legislation. In August 26, 1980, the "Provisional Regulations" promulgated China lawyer, the lawyer system again.

In December 9, 1979, the Ministry of Justice issued a "notice on the lawyer's practice",

Clearly announced the resumption of the lawyer system.

   In 1980 through the implementation of the "Provisional Regulations" lawyers, lawyers have a public identity, is paid national cadre, law firms and institutions.

   In 1985, the "legal counsel" originated from the law firm public identity, fund management system gradually introduce themselves.

   In 1988, began the pilot work of the cooperative law firm. Don't state funds and the implementation of self financing, the lawyer must resign identity.

   In 1993, the State Council approved the "on deepening the reform of the Justice Department lawyers work plan", is no longer the nature attribute of ownership and administrative levels to define the lawyers and law firms. And to allow lawyers to resign, does not account for the state organization, not the state funds, voluntary association, self-supporting, self development, self - restraint of the partnership law firm.

Nature Chinese lawyer

 1996 promulgated the "Lawyers Law" clearly defined, the lawyer is "obtained a lawyer's practice certificate in accordance with the law, and provide legal services to the public", but no longer is the national legal workers.
In 1997, the 15th Party Congress in the report, lawyers as "social intermediary organization", then there will be a restructuring in 2000 after several intermediary, the law firms of all that all pushed to the society and the market.

      
Environment and Chinese position of lawyer practicing lawyer

National legal workers
Social legal workers
Democratic Representative
Free occupation

Intermediary services
A profitable occupation
Now the "Lawyers Law" positioning

Nature Chinese lawyer
   　

The new "lawyer law" shall be implemented as of June 1, 2008. Location.
  Second as mentioned in this Law refers to the lawyer, has acquired a lawyer's practice certificate according to law, authorized or designated, to provide legal services for a client practitioners. A lawyer shall safeguard the legitimate rights and interests, maintain the correct enforcement of law, and maintain the social fairness and justice.

Summary: Reflections on the past

No lawyer system China history, feudal autocracy, authority of justice can not produce the modern lawyer system
Discrimination, hostility to the lawyer, is one of the Chinese historical cultural heritage
Chinese modern lawyer system is parked to goods, "the adverse effects of Westernization" idea, not out of political influence abroad
Chinese lawyers all present predicament, has the shadow of history, dilemma will exist for a long time, not a single official, folk know also so, China lawyers need a name, let people to the modern idea of rule of law, to understand, accept, welcome lawyer
The enlightenment, enlightenment is to change the important work environment China lawyer fundamentally
Show that the development history of political, legal system is the inevitable way for human beings to judicial civilization, Chinese lawyers industry prospects are bright

 

The lawyer industry now

 

Status China lawyer industry

In 2010, has 204000 people, up to China lawyer 1300000000 people, 7000/1. Nearly 2 lawyers. This is for two years of high growth period.
In 2010, lawyers across the country were to carry out various activities of education and training to more than 900 times, a lawyer 250000 people received training, training staff more than 2 people.

Status China lawyer industry

   At the end of 1998, more than 8600 national law firm,
   Practice the number increased to more than 10 people.
From the beginning of 2000, the number of China lawyers to break through 110000, 2006 153846, among them 114471 people full-time lawyers (including female lawyer 24361 people); part-time lawyer 7418 people, assistant lawyer 31957 people. With more than 3 lawyers assistant 150000.
The data in 2007 12 full-time lawyers million people, part-time lawyer 6841 people, office 1817 lawyers, lawyers, 733 people, 1750 people of military lawyers, legal aid lawyer 4768 people. In addition, a lawyer assistant personnel more than 3 people.

The all China Lawyers classification

The data of 2004114503 practicing lawyers

  The total part-time lawyers public lawyers lawyers, full-time lawyers military lawyers species
   Number      103389   6814       1817     733    1750114503
   Percentage  90.29%   5.95%      1.59%   0.64% 1.53%100%

Status China lawyer industry

Beijing, Shanghai, Shenzhen, Zhejiang four lawyers industry data

2010.7.8

More  North District   Beijing  The depth of the sea  Shenzhen      Zhejiang  Jiang

Lawyer 13621029340        868

Law Division 21384113985742         9200

 

Status America lawyers

The existing about 1000000 American lawyer, an average of every 270 Americans have a lawyer

America presidents: half is a lawyer. 42 21.

The constitution drafters sign: 55 / 30;

American members: 3 / 1 as a lawyer

At present, every year tens of thousands of new lawyer license,

There are 15000 lawyers for various reasons to leave the field.

From the beginning of 1870, American implementation must be through formal exam to a lawyer,

From the beginning of 1900, American University began formal education in law
At present USA 175 law school, there are lawyers examination each year. As long as through three years of legal education, bachelor's degree, can to take the bar exam

Evaluation of the current situation of China lawyers

1 China lawyer industry layout basically completed
　　
2 China lawyer industry competition intensifies day by day

3 Chinese lawyer industry environment continued to deteriorate

4 Chinese lawyers appear differentiation and elimination

 

Chinese lawyer industry's current difficulties

Political dilemma: not to be trusted
Criminal defense on the dilemma: Defense useless
For the plight of public opposition: v.
The dilemma: blending of civil judicial
The legal dilemma: the mouse theory
Economic difficulties: two eight theory
The risk of security crisis dilemma
Ethical dilemma: deterioration of choice
The credibility of dilemma: difficult to understand the truth

Criminal law and business law

A criminal lawyer is a lawyer system of human origin
The business is the basic skills of business lawyers
The criminal law is a great social function of occupation
Criminal defense lawyers to establish social reputation is a shortcut
The criminal businesses can drive the business of the commercial law
The criminal law to strengthen the self protection ability
Commercial law in western countries fear the police, the police even criminal lawyer
To be a successful, due diligence, excellence, respected criminal lawyer

Where a criminal lawyer risk?

The risk from the public power
Risk comes from the client
The risk from the victim
The risk from the witness
Risk comes from fees
Risk from their peers

The causes Chinese lawyer industry's current difficulties

Traditional factors of history: China authoritarian politicsHistory
Political structure factors: independent power
The judicial system factors: legal person of the grass roots in
Lawyer: uneven, some good and some bad quality factors, lack of moral belief
Economic factors: self occupation, self competition
Legal and ethical factors: for the bad guys

The lawyer industry causes the current environment

Political ecology: not to enter the system would have been alert
Without the court's position, there is no legal status
China procuratorial power, police power and the right of lawyer
Chinese lawyers and judicial administration, support, understanding, LIMITED
The relationship between law and the party and government Chinese
Conflict China lawyers and public power
Economic law, political law, social law

 

China lawyer industry in the future

 

See Chinese law environment in a positive light

China status: rule of law rule of law progress or regression
   Optimism and pessimismThe overall and individual
See Chinese law environment in a positive light
   The political environment will develop to the direction favorable country under the rule of law
The central government attaches great importance to Chinese lawyer industry status
 The survival status of Lawyers ConcernPay attention to the protection of the rights and interests of lawyersStrengthening the system management
The social from all walks of life never like today China lawyer
    Intensive attention    The academic circles interactive media enterprisesOverseas

See Chinese law environment in a positive light

People increasingly recognized the role of lawyers
The lawyer participation has opened the door
   The lawyer of Party BuildingThe NPC and CPPCC The general counsel to participate in decision making The government purchase service
The dialogue and cooperative attitude
               To promote the construction of democracy and legal system China
   The lawyer is not a tool, not the enemy
   Lawyers are not angels, nor the devil

The development of space China lawyer

Chinese lawyer market space, press 1/1000, China need 1400000 lawyers. Growing by about 20000 a year, to 60 years. Must speed up
Chinese lawyers criminal business space, China human rights protection over the next ten years will greatly speed up the position will quickly improve, criminal lawyer
China lawyer civil and commercial business space. Market economy will eventually come to ask the legal rules say, rather than the government says, use and interpretation of the rules cannot do without lawyers, officials will be closer to the law
Political space Chinese lawyer. The electoral law, administrative law, constitutional law, on behalf of the progress, the next ten years will be a trend which cannot be halted in China lawyer
Chinese international space law. Chinese has entered the capital output, the global economy, the WTO protocol market equivalence. In more than 320 international law firms, lawyers must have the same number of out China.

The next ten years Chinese Justice Department will have to adjust policy, to overcome the fear and psychological,

Support China lawyer exchanges with international organizations, to support Chinese lawyers to the international arena

China lawyers through international legal practice, will participate in the private international law and trade rules, the arbitration rules, formulate the international treaties, from the legislative level to safeguard national sovereignty and interests.

 

Eight functional current China lawyer

To guarantee judicial justice, judicial fairness, judicial order function
Social security, social stability, release the contradictory function
Guarantee of economic development, market operation, the function of dredging sediment
Social progress, citizen, citizen responsibility of rational functions
Security enlightened politics, political rationality, political science function
Law, legislation, law enforcement and scientific progress function
Promote ideological enlightenment, mature people, humanities function
Guarantee the international rules of opening to the outside world, the international order, function

The lawyer occupation orientation and lawyers mission

The lawyer is public power born criticism supervisor, another kind of loyalty
A lawyer is a guardian of the representative national civil rights
Legal belief lawyers have a loyal to law, just law enforcement, upright
Good personal quality and the spirit of struggle, professional dedication
Aim high, pay attention to people's livelihood, not shallow publicity
The accumulation of law theory foundation is good and rich case
Good writing skills and presentation skills
Logic of social things quickly summarizing ability, thinking ability
Good interpersonal and communication skills, the governor minister, vagrant beggar
  (colleagues, customers, other lawyers, the media, the judicial personnel)
A good team concept and the concept of cooperation, understanding counterparts, permissive environment

The rule of law and lawyers China towards the future

Positioning China lawyers mission and political reform

The lawyer is an important strength of national stability is not alien force

Change worry law concept to suppress lawyer practice

A lawyer needs calm reflection with each other to read the official language

Play the subjective initiative fully help the national judicial reform

Overcome impetuosity, complain that the mentality, utilitarian goals

Calm and rational suggestions for Chinese people

Through the case to promote democracy and legal construction

The choice of basic way of current judicial system reform

Focus on judicial reform in reform of system of Chinese court

 Prosecutors, police, law is only minor problems

Judicial independence ideas from the legal ethics

From the Supreme Court began to upgrade the status of the court in the framework of state power

The conviction right reform that court independent adjudication

Building a strong court intervention in politics and government macroeconomic behavior

Improve the proportion in court trial judges to achieve the right to return

Cultivate loyal to the country legal team of judges from the judge occupation

 Explore the district court, specialized courts to get rid of the place of Justice

 To promote the legal community cycle AC change public hybrid concept

The lawyer rights Li Zhuang case exposure

Lawyers right of investigation right, read, right, right, dragged into the evidence for the identification of the right, authority to obtain evidence, the practice is not his own party prosecution right, prosecution witnesses, the right to apply for witnesses to appear in court, the defendant the right to report the case, the court investigation of immunity against the rights of lawyers, right for challenge, cross right, the court added weight of evidence; illegal words evidence removes the court the right to cancel the procuratorate to the court; the power of intervention; the collegial panel power will not be right to intervene; non judicial personnel are not allowed to dry the predetermined case; no cases of internal instructions; witness protection problems; the judge professional skills; ban illegal detention of prohibition of night; the normalization problem of interrogation.

Criminal judicial concept under the background of the right of death penalty

The old concept of Criminal Justice: hit first, protection second
The judge: "two basic", is refers to the court trial of criminal cases, as long as the "basic facts, irrefutable evidence", will be sentenced verdict, but not on all questions all find out, also need not "suspected crimes leniently", but directly according to the situation judgment.
Lawyer: criminal defense requirements, is "to look at the overall situation, look at the needs of the situation, grasp the main problems in defence, don't hold all the minor details of the issues and evidence".
In order to prevent reprisal killing of killing, the realization of judicial justice, the backward old ideas must be changed, but the large resistance. Officials are only his accident as a prisoner to be able to understand, to be able to understand the lawyer.

The amendments to the criminal law (eight) of the basic evaluation

Cancel thirteen death, reduce the international trend of death penalty
Increase the property punishment, for China market economy disorder
Limit the discretion of judges, corrosion, reduction, release, voluntary surrender, meritorious service
Jin Lao, Gu Long, 75 years old the principle of no death, 18 years old of the following is not a
Absorption of the network of public opinion, drunk driving, driving into the punishment
Dimensional stability, stir up trouble crime five years to ten years
Lawyers in the implementation of the amendment in the role of

China lawyers mission

Promote social justice mission
Promote national legal mission
Kuangfu justice mission to support the weak
The mission of promoting social order and stability
The mission of promoting economic development
Promote open with the international rules China cohesion mission
The mission of governing the country according to law

Self-improvement, self-esteem, self discipline, self China lawyers to live in dignity

Mentality: opportunities, difficulties and personality casting lawyer
Business: Business Lawyer
Location: up to and the physical world, the poor are spared
Interests: money first and moral conscience first
Political: farFrom or participate in?
Time waiting for China lawyer outstanding