In pursuit of law tradition

Fu Guoyong

    More than a hundred years ago, the lawyers of Shanghai concession court. Occurred in 1904 shocked the temporary "Subao case", Ancient Chinese Literature Search deep Zhang Taiyan and young Zou Rong have been in prison, the Qing court as a plaintiff, and these defendants, respectively, to hire foreign lawyers, guilty or not guilty of speech problems, launched a lips gun tongue battle in court, each public hearing, "Declaration" the newspapers have tracking reports. The court also failed to have got one's wish, arrogant. Although, we have today is very difficult to know, in the history of text into prison, the lawyer played, for the last judgment in the end how much of a role, but this scene forever in my memory.

   However, it only happens in Shanghai concession, in the Qing Dynasty according to the rule of law Chuigongerzhi before place, lawyer at that time is still a completely new social role, in our national memory only without legal pettifogger. The "Subao" three years later, the woman Qiu Jin was killed in Zhejiang Shaoxing court, no trial, no lawyer, no final statement, in a word, the legal procedure is not all modern, only Qiu Jin left a words: "autumn autumn rain melancholy Sharen", 100 years echoed off.

    New year's day in 1912, Asia's first Republic -- the Republic of China was born, Zhejiang, Jiangsu around the lawyer must initiate the lawyers' Association, 14 lawyers in Shanghai set up a "Republic of China apologists will" (or "Republic of China Lawyer general association", to the end of the dissolution has more than 170 members). In September 12th of that year, the Ministry of Justice issued "provisional constitution" lawyer, formally established the position of lawyers. Even before the draft, the criminal law enacted in 1910 has provided legal basis for the existence of lawyer, a small amount of domestic law in fact also began to practice this in Shanghai port. By 1913 August, there are 1520 lawyers licensed, most studied law in Japan, a graduated from its law school.

   In 1913, ban "Han" in the Hangzhou Youth Daily Shao Piaoping, because the pen without mercy against local authority figure, the court, Zhejiang first bar association president Ruan Xingcun lawyers to defend him, in favour of the end. In the "Song Jiaoren case", lawyer Yang Jingbin into a target for all suspects should be Guixin defense, under almost one-sided public opinion and political emotional pressure, he demanded a guarantee that the suspect's personal safety, requirements the suspect tried in Shanghai district court, in order to ensure the judicial system's independence, and so on, the result is the judicial department revoked the licenses, Shanghai and the surrounding local bar association have him present. This is an effort to defend the legitimate procedure and lawyer lawyer occupation rights. Since then, in many important historical events, we can hear the sound of lawyers, see them proudly independent attitude. Some ups and downs in politics for many years, after leaving the power field, also can choose the lawyers as their own living occupation, a congressman, Liu Chongyou Shen Junru, a minister of education, justice of scholars, political commentator Zhang Shizhao, has been involved in the drafting of "provisional constitution", in the Republic of China fifteen years ago three any judicial chief jurist Zhang Yaoceng, a dean, Dali attorney general, legal codification of Dong Kang...... , is the year of the prestigious barrister.

   In 1927 July, the Nanjing government promulgated the new "constitution" and "law on Lawyers Association", one of the most significant changes that women can be a lawyer. Chinese court therefore appeared Shi Liang such young female lawyers, she graduated in 1927 from the Shanghai Private Law University, can recite the "Six Laws", after a few years to get the qualification as a lawyer practicing in Shanghai, 1931. By 1937, only the Shanghai Bar Association has 1328 lawyers. From 1918 to 1933, Soochow University law school graduates in 645, 228 as a lawyer in Shanghai, including 9 women.

   History will not forget, in 1933 April, the KMT dominated Jiangsu higher court public hearing Chen Duxiu "endangering the Republic" case, and Chen Duxiu together to do magazine, politics is not the same old friend Zhang Shizhao step forward bravely, obligations to defend him, eloquent in court that surging, from the jurisprudence, logic and facts in many aspects, "the government does not equal to the country", "against the Kuomintang and its government, not against the state". His defense speech runs to ten thousand words, by the time "Declaration", "Ta Kung Pao" reports, and other newspapers reproduced, sensational audio-visual. The "Central Daily" published an editorial "President Cheng Cangbo today Chinese state and government -- a Chen Duxiu and Zhang Shizhao", that is, Zhang Shizhao in the "Declaration" published "the KMT and the country" to respond, the court debate, not only highlights the lawyer demeanor, more let people feeling is self defense Zhang Shizhao defense and Chen Duxiu, that was published, it was some university law school as an essential reference books. We can deeply realize the lawyer, is not isolated, no press, circles, educational circles published in areas such as the existence of righteousness, force without all the aspects of the society, no matter how courage, occupation standard, moral pursuit of the lawyers also not too can have what is. In other words, not the role of various social arena, the lawyer could not perform wonderful drama. Zhang Shizhao lawyer failed to change the Kuomintang to Chen Duxiu's trial results, but he maintained the dignity of the law and lawyers.

   In Anti Japanese war on the eve of the "seven gentlemen" case, Shen Junru seven gentlemen "because the organization" to save the country ", called on the Japanese prison, lawyer seven people accounted for four (Shen Junru, Sha Qianli, Shi Liang, Wang Zaoshi), to justify their seven person of lawyers is a huge line-up, 21 lawyers are the best and the brightest, including Zhang Yaoceng, Li Zhaofu, Chen Zhigao, Jiang Yong, Wang Youling, Jiang Yiping, Liu Chongyou, Zhang Zhirang, China essence when lawyers almost sally forth in full strength to. These lawyers have made judicial chief, members of Congress, Dali Academy (the Supreme Court Chief Justice), also Professor, Dean of University School of law, Shanghai and the Suzhou bar association president, many lawyers are loyal to duty to defend them. The "seven gentlemen" political point of view, they are not totally agree, and some even have differences, such as the organization "people's front", Zhang Yaoceng and other lawyers don't agree, Wang Baoji is representing the sand of a thousand li, is because the fellow, "as much as possible to help a friend, not to show a political position". However, according to the indictment of seven gentlemen "endangering national" charges, lawyers pointed out that the indictment confuse truth and falsehood, turn things upside down, the dignity of law of historical merit of destruction, is true. For a long time, the court and the news media always resonated with the parties, lawyers and journalists in Hao Ran.

   In 1948, after the Nanjing "Xinmin" by the Kuomintang authorities ordered the closure, Chen Mingde, Deng Jixing couple had hired Zhang Shizhao, Jiang Yong, Jiang Yiping, Zhou Yizhi six law, drafted a million words "the book", the powerful defense from all legal, facts, reason and so on, asked to withdraw sanctions. The reasonable in the circumstances to law with no chink in one's armour "the book" as no echo, eventually to be invalid. Even so, they resort to legal struggle, efforts are not meaningless. The transformation of society under the rule of law to the rule of law in society, citizens use legal weapon, every little bit more rights in the legal framework, may not have the effect to get instant results, but after a considerable period of time, this accumulation can lead to substantial changes occurred in society. The key is to sustainable, long-term, toughness, the role of lawyers also play a decisive role. This and that recourse to one-off impulse, very fun, very intense selection presents a different direction. In the long run, the former option is the gradual accumulation of win progress undoubtedly more reliable, more solid.

   History will not forget the role of Lawyer Association, the lawyer industry groups are not in the absence of social injustice. In 1933, Jiangsu Zhenjiang "Jiang Sheng Daily" editor in chief Liu Yusheng as manager and literary inquisition and shot, the whole nation of protest from not only the press group, China League for civil rights and other social groups voice, also includes the National Lawyers Association, public power, they put forward, punish the responsible person, shall be required. The Kuomintang authorities were forced to respond, has issued "safeguarding the legitimate public opinion", "to protect journalists" orders. In 1936, Shen Junru, Sha Qianli, Shi Liang, Wang Zaoshi etc. four Shanghai Bar Association members were arrested, including Shen, sand or board members, in their prison, "guild inner never suggested and never any action to fill their positions." On the contrary, in early 1937 8, when they were freed, Executive Committee adopted a resolution, held a dinner that condolences for the four member.

   Of course, the lawyer should not only maintain the freedom of speech, freedom of the person and the right of life, the lawyer also play a civil property rights and other legitimate rights and interests of duty. Young Shi Liang, early in the Shanghai law firm, because a civil dispute lawsuit and spring into fame. In her office desk an eye-catching silver shield, inscribed with "human rights protection" four words, she constantly 2010-08-14, do an honest lawyer. The lawyer must not only face the not by law, law all the power, but also to face of every hue social forces, including hot black society, help a tyrant to victimize his subjects of shyster (lawyers scum). Zhang Yaoceng practice had encountered such a case in Shanghai, he was advised to give up, he said, lawyer's liability is the guarantee of human rights, if no one in the law for the weak voice, not a lawyer's shame? "Though I know and the evil forces of resistance, but more dangerous, however, duty, also dare not quit." These words so far still sounded impressive.