Chinese lawyer sad (excerpt) (Reprint)

Be tied to the mainland lawyers
In general, the lawyer dilemma, is the first mainland lawyers for human rights cause. At the beginning of the year, chat a lawyer friend said, two people were killed in Beijing lawyer last year, two people Dutch act, mortality than other social occupation except black society. Shandong well-known human rights lawyer Li Jianqiang, recently prepared to publish a book, titled "the lawyer, a dangerous occupation". If the re compilation "devil dictionary" "China lawyer" items, should be defined, a lawyer is the so-called risk after the defendant.
Human rights lawyers dilemma
saying China prison, called "the wind is blowing in, the cattle are not pull". In China, the lawyer to make for the defendant, to put themselves at risk and the tied together. In the end, a gust of wind blew into the ox can. Turning to the rights of lawyer Zheng Enchong Shanghai is blown into the oil, Shaanxi boss Zhu Jiuhu lawyers also blown rights. The two case, the main conflict in the modern Chinese social class conflict is not between rich and poor, but the Communist Party and social conflict, conflict between the government and the public. You poor defense to catch you, you're defending for the rich to catch you.
in Chinese official lawyer network of Southwest University of Political Science and Law a vice professor in anger, appeal, "said Zhu = long tiger lawyer experience let us feel". Because of this kind of situation is not only in the human rights lawyers and the politically sensitive case. "The wind blows in" is Chinese all lawyers forehead a handle at any time will fall. This sword is "leaking state secrets to Zheng = grace, Zhu = long tiger is" organizing a mob to disturb social order ", the other human rights lawyer, it may be a kind of any legal or non legal means. Take Guo = country ting and Li Jianqiang lawyer as rogue means cheat.
but to all criminal cases in the defense lawyers, there is a common sword is the 1997 Criminal Law 306th, commonly known as the "lawyer perjury". In China's criminal lawsuit, the witnesses are generally not court in a trial, a form, or "trial in essence written trial". So, as long as the attorney submitted inconsistent testimony of witnesses and the prosecution, procuratorial organs abuse 306, arrest the defense lawyer to lawyer perjury. Even arrogant to the trial is not over, the prosecution put lawyers in court outside.
Chinese judicial system of sorrow and absurd. Help citizens to defend rights lawyer, public prosecutor in front, it is an occupation groups all of society's most vulnerable. When Zhang Sizhi lawyer and lawyer Mo Shaoping said, "I fought the lawsuit is not a win". We know that such a sad, know this is a satanic guard up the rule of law and order in the corner. Because they are as a political dissident defense. In the hundreds of thousands of lawyers, to pick up the case, as far as I know is never more than 20. But in a sense more sadly, is to lose to win play defense and government. Lose well, win more risk. Article 306 the killer's existence, led to the situation of lawyers:
Nearly ten years after the promulgation of 1, the new criminal law, according to incomplete statistics, the country has more than 500 lawyers. And up to about 300 because of "perjury lawyer". General view of law and academia, that this more than 300 cases mostly case. One of the most exciting cold case is Kunming lawyer Mr. Wang Yibing. After two years in prison, the second was finally acquitted. King lawyer after his release from All thoughts are blasted., monk, follow Buddhism. It caused a great sensation in the legal profession, has also left countless embrace ideal of law out of law school gate young lawyer heart such as stagnant water.
2, this situation, most chose not to accept the criminal defense lawyer. There is a black humor is widespread, "if you're doing legal work, don't be a lawyer; if you want to be a lawyer, don't do criminal cases; if you want to do a criminal case, don't evidence; if you want to obtain evidence, do not get the testimony of a witness. If all this you do not, you will yourself into rehab ". At present in the mainland, most of the accused were not lawyers in court. A lawyer involved in criminal cases of less than 30%. Taking Beijing as an example, the lawyer per capita in handling criminal cases in 1990 is 2.64, 2000 decreased to 0.78. But the proportion in the rule of law progress today, continues to decline.
3, the defense lawyers this dismal situation, and the lawyer profession itself high income prospects, forming sharp impact on the majority of lawyers. They focused on economic and civil cases, also will have the idealism and the heart of desolation of. The lawyer's overall social image has also continued to decline, people seek nothing but profits of lawyers tend to start with. On the other hand, this tendency is strongly urged authorities and encourage lawyers. As a judicial Commissioner in Congress would openly encourage lawyers earn more money, "mind your own business".
although attorney this occupation itself is designed for others' rights. So some people do not agree with "human rights lawyers" argument. But for most lawyers, "rights" or to defend the justice of law, have been in the bottom of my heart retreat for a more distant cause. But most of them for their own occupation feel humiliated, in the heart of identity values of freedom and the spirit of the rule of law, identity such as Zhang Sizhi lawyer is a real lawyer. In 2003, Li Jianqiang in the Chinese lawyer network launched "inciting subversion of state power to abolish the = = sin's open letter," soon to be more than one hundred lawyers signature support. These signatures are on the court the most off the reel. But they just temporarily suppressed Chinese future force.
The attorney rights predicament
do for others to do a lawyer, a lawyer for their own rights, and even. Although the mainland law no longer belongs to the national staff, but they are still tied to the administrative department and the official member of bureaucratic system, and the authorities still lingering. Far from independent free occupation. A lawyer is not independent of age, and let alone the independence of courts and judges.
one, the lawyer did not practice. Don't allow personal freedom has Chinese lawyer practice. While confined in the partnership and the approval of the access conditions. In addition, the vast majority of Provincial Judicial bureaus in the lack of legal basis case, collect "protection fee to the lawyer". The annual "annual fee" and Law Association, up, up to 4 per person, 5000 yuan.
second, no lawyer association. From the day to get the certificate of lawyer, lawyers will automatically belong to the lawyers association. This association does not require you to apply, and you are not allowed to exit, and every year to receive more than 1000 yuan membership dues. The nature of this association is the underworld, is also a collection of protection. The lawyer could not form their own union or any other organization. A lawyer friend worked in restaurants do a "lawyers club", a week has been closed. At present, some local lawyers association also do some maintain the legal interest work, like CCTV called a county or scold up. Such as last year in Shehong County, Sichuan lawyer He Hongde for the "lawyer perjury" sentenced, Sichuan Lvxie objected. But most of the time, like all countries Association units in the union, in essence is a bureaucracy and government kept woman.
third, the lawyer did not receive case free and defense. In the so-called major cases, judicial bureau and the IBA tend to do the work, the defense opinion and defense strategies cases, lawyers pressure, put forward the request to the lawyers. For example, are not allowed to plead innocent. In case the problem, because not individual practice, lawyers in theory also have no right to choose, choose right in the firm. In most cases, almost everyone "to receive case". But "who receive case" is nominally illegal.
2001 year in November 10th, Li Subin of Luoyang, Li Wusi the two lawyers have break this kind of situation, becoming the nation's first sued the judicial and administrative departments of the law. Thus a harbinger, "the attorney rights movement". These two cases there are a few points, monk and Wang Yibing monk, show, judicial status of chilling.
first, Li Subin sued the Bureau of justice charges, filed a lawsuit soon, judicial bureau announced on his suspension of registration, stopped him.
second, Li Subin then sued the Department of justice of Henan, but for tens of thousands of lawyers, were unable to find people willing to serve as his. Finally, only a self-taught legal enterprises mister, willing to stand up for the attorney rights. This is Chinese lawyer history how absurd and sad scene!
third, although this time. But a few sessions of local no lawyer dare to participate in the meeting. Li Subin court, Li Wusi was the only one who attend. Li Wusi court, only Li Subin to attend. The two lawyers to support each other, be lonely.
fourth, by the end of 2002, Li Wusi finally win the lawsuit, immediately by the firm to "feudal superstition" in the name of dismissal, Li Subin was also. The two lawyers again sued the Bureau of justice. Long proceedings until the end of 2004.
this is another in the administrative department of justice under the despotic power, can not afford to lose to win. But the two gentlemen as lawyers rights courage, have affected a lot of people. In 2005, some lawyers and law firms in Shandong Qingdao launched another "anti charge motion". Against the Justice Bureau of private property illegally collected. But in the administrative pressure once again forced to give up. A lawyer involved in the Internet posting, the grief and indignation and asked, "what is a lawyer or a dog?"
all sorts of common in the law predicament, to be a human rights lawyer, understanding in hard, real hard.