China lawyers do not need to re positioning

                                                      -- Re positioning China lawyer read professor Ji Weidong ""

The lawyer system of early recovery, lawyer occupation entry is the test alone. Method of inspection system is the appointment. Judicial examination system implementation, legal occupation unified access threshold. The conception and implementation of judicial examination of the original intention, is the whole improvement of legal occupation personnel's quality, also prepared a prerequisite for legal occupation mutual flow of talent. Judicial examination system for the formation of legal occupation community, is a huge opportunity. Later appeared as small Scott and impassable for the civil service exam, let the free flow of legal occupation personnel become an empty. Although there are through the civil service examination into the judicial system of lawyers, but this is not the law occupation of the free movement of people, but the lawyer industry reflects the difficult employment and on speculation. And despite the method of inspection system come out as a lawyer, but can only reflect the official boredom and dissatisfaction to the income. The relationship between legal inspection and lawyers, still cannot from the legal occupation community perspective to examine, in fact, still is the relationship between officials and people.

From the occupation occupation discrimination retaliation and legislative practice on the blending phenomenon, and some lawyers and judicial personnel on the inspection personnel, lawyers and the law is not a circle of people. And open a strong barrier exists only in two ways, one is to buy live, two is difficult. Professor Ji Weidong Li Zhuang after lawyers gathering rights caused judicial system rebound, resulting in "be destroyed on one day legal occupation community partly hidden and partly visible".This viewpoint is worth discussing.According to the National Lawyers Association data, lawyers in the defense alleged perjury after the arrest, rarely convicted. This shows that, the lawyer's occupation persecution long-standing. The case of Li Zhuang, just because the background is Chongqing red giant stage, so attract sb.'s attention. The formation of legal occupation in the community, lawyers, there have been wishful thinking that, but in a series of vivid and bloody facts, lawyers do not expect.

The formation of two yuan structure judicial ruling and opposition parties, and not just because the inside and outside of the system status differences. The lawyer thought is relatively simple, facts, evidence, law. The judicial personnel in the face of specific cases in addition to outside the law, but also consider the internal rules, the leader will, year-end assessment, salary promotion, politics and Law Committee coordination problem. This series of problems, and survival, and his family, and for the future. When there is a conflict of these problems and law of contradiction and law, also will be revealed.ToThe formation of legal occupation community, one factor is to have a common legal thinking and beliefs. This factor, obviously cannot have.Although occasionallyThe judicial officers and lawyers also have a common feeling, and even had a common pain, but this is only human instinct of good based on the understanding of the law and the most simple and emotional, but not in the level of legal occupation community interaction.

The lawyer occupation discrimination margin from the neglect of the role of lawyers in the judicial system, but not to the lawyer occupation of ignorance, nor is the lawyer wrong positioning. Professor Ji Weidong that "no law" said reaction of lawyer or lawyer occupation understanding backwards, the lawyer is equivalent to the "bad man", Professor season on the wrong. The lawyer as "bad words" people, not judicial personnel, and is often a kind of ordinary people. The newspaper was about Li Zhuang case reports, it is seen by this social reality, catered to the public to the lawyer occupation ignorance. The judicial personnel does not deny the role of lawyers in the case, they just think this kind of effectiveness of law depends on the subjective decision of their, and their decisions sometimes deviated from the essence of the law or the law. It is because of the general public to judicial ignorance and rarely involved, therefore, judicial decisions for a long time in the technology, the reasoning is lack of cases can still sick out. On the one hand, reflects the lack of judicial supervision of the people, but also shows that the quality of judicial supervision is not high. The lawyer as a professional staff, it can be very good for the job, but due to the lack of mass basis, the strength is still weak. The judicial personnel's contempt for the role of lawyers, this is one of the reasons.

And to ensure that the lawyers' right to practice the new lawyer law experience directly not only through practice can achieve. The new lawyer law occupation orientation of lawyers is very appropriate. Quarter professors think, also need to protect the human rights of a clear mission in the lawyer's head, thus re image of lawyers, to achieve the balance, then solve the judicial corruption. For a population of 1.3 billion a year, and the police "deal" to the people is one of the very few in the proportion of. Before has not entered the detention center, it is generally difficult to feel the lawyer's important. Even in the news broadcast sustained released the role of lawyers, often not worth the Qingming Festival to old people to send a zongzi influence. The lawyer mainly serve the society and economy, which leads to the lawyer business seriously, Professor season which concerns China lawyer system evolution motive and power, I don't think it is necessary. Economic development is the main theme of society, a lot of activities of the society are the economic activities. A large number of business lawyers appear in economic activities, this is the social reality, whether accept or not accept, can not be changed. Because of the demand of economic activities on Lawyers amount is large, and the lawyer also belongs to the service industry, so, The lawyer industry itself exists to advertising, publicity, competition also exists, which is also affected by the economic law. He is worried about lawyers do rich living affected the image of lawyers, and that the legal aid activities is recasting lawyer image pr move. This is wrong. Assume the obligation of assistance should be national, state appoint lawyers to provide assistance service is given subsidies. As for the subsidies less, it is a lawyer to share the burden for the country. Therefore, lawyers to provide commercial no relation between legal aid and counsel. Lawyers make money legally, no wrong, more innocent, don't need to make up for what. We see not hard, conception of re positioning of the lawyer Professor season is in fact lawyers believe that "money is wrong". At least, he is the lead others know.

Produce the unfair justice for three reasons, one is the improper intervention, two is the relationship between the blending, three is limited level of judicial personnel. Judicial justice here say, is the ideal state of the entity justice, is a can not move forward problem. A case, through the proper procedure, full of reasoning, to rule according to the law ruling is fair. But when a suspected as innocent verdict came out, the victim to the petition, the local people to make trouble, the law department to maintain stability, only then arrested a suspected crime, punishment. The murderer arrested or the resurrection of the dead, then settle. So,This is not the independence of the judiciary and the question of whether or not, but, people on the judicial decision to accept and obey the problem. Our victim Simpson case is no petition, USA people despite the outcome of the case is very uncomfortable, but still accept and respect the court's decision. Therefore, before discussing the judicial justice and injustice problem, but also solve a problem, that is to understand the problem of justice. Because of this problem has not been resolved, so, everyone in the normal case, facing the problem, also not know what course to take. Therefore, the realization of the rule of law, first of all need a good soil. This requires education, propaganda, need a very long time. This paper does not further discussion.

From the, personally think that, China lawyers do not need to re positioning the name. The present is to be carried out, for a wide range of democracy and the rule of law education, let the people to develop the habit of keeping regular. Freeing people from hero worship politics, great political historical habits and complex. At that time, will the law very good show, to truly play a lawyer, justice problems will be smoothly done or easily solved. Hastily written, in addition to the learning limits, there will be too many inappropriate, please criticism, also welcomed the discussion.