From a lawyer and a high court judge on the conflict of legal aid in Chinese judges "de"
Created:
/Author:
Aaron Lewis
Just to see the Supreme Court fellow lawyer Lv Jiquan and the Kunming province two judges with a legal aid to life imprisonment appeals conflict, had to germinal some exclamation:
At present Chinese judge, the universal existence of such phenomenon: sitting in an honest official. law class with "tainted glasses", with "unbalanced" be reckless with greed, let his superior, everywhere to the parties, lawyers set "high threshold" to the case, such cases have justice at all?
The judge, in the current Chinese, should not in the minority, especially some court judge in Kunming, I also have deep feeling.The judge was clearly the problems in
"de", and they are able to stay in the place off fair judge position of justice, had to feel fantastic, also let us see our country allocation is the problem for the judge of all, "selecting judges law" in just nice camouflage!
In recent years, "the public credibility of the judiciary" facing all of the collapse, the so-called judicial credibility refers to the public trust in the judiciary and judicial personnel, judicial authority and judicial personnel matter, more is to court and the judges, which we call the judicial personnel is still at a loss, still feel good, still indulge in self-delusion, there is no sense of crisis, but most of the words of the declaration without shame: "no I can't judge the case," says there is a layer of meaning is: "you give me.".Thus it can be seen, Chinese judicial credibility of the collapse is not accidental but inevitable, the judicial personnel and loss of trust, the basic reason lies in the education and supervision system of our reality is the lack of poor.
However, in practice, the "de" there are big questions judges with practical action constantly shifting system in a current judge selection, we also have to ask to the system and what kind of method selection of have both ability and political integrity of a real judge?
Such as Lu lawyers said: to regain the public's trust, you must manage the judge, the judge is not only the law applicable to machine a cold, should also be a down to earth, understand the traditional code of conduct, which abide by the rules, and respect the law, fairness and full of humane care of the company law.Today's court is no shortage of tall buildings, not lack of legal elite, nor the lack of investigation expert, real lack of judicial ethics and humanism.To achieve the above condition, I quite agree, Lu lawyers:
1, the judge should have not only the legal occupation qualification certificate, must also select from the lawyer, because only served as a lawyer, can we truly appreciate the program, debate, argument and humanistic concern, will from consciousness to this aspect to act.
The construction of 2, court culture is not hanging slogans and calligraphy calligraphy and painting, but should strengthen the cultivation of the judge's judicial ethics and humanism.At the same time we must also strengthen the supervision and regulation of judges, such as Xi general secretary said the power of the "cage", because power is a tiger, not mandatory constraint will be crazy, causing devastating, especially on the legal generally applicable rules will be destroyed, the scourge of ethics and system of the whole society.The judge "in the eyes of people can not, no eye" phenomenon shows people's self-examination, self-discipline ability is very limited, we must discipline, namely not self-restraint, is mandatory constraint.At present, what we should do is to reduce the court building height, height of judicial ethics, not to preach what China "judge treatment is low, should be given high salary", but should be to reflect on face such a judge, they have the taxpayer to their preferential treatment?
Study on the actual total after the people are boiling with resentment, the organ style problem, a punch to rectify the official, published many speech, has taken some effective measures, however, Rome was not built in a day, study the general secretary's speech at the national judicial organization, many people will write touch one deeply in the heart of the article, will take an oath devoutly to how to be a good servant, but I still like "master" mentality.In short the disease to return, the short term will not receive the effectiveness, therefore "is a long way to go".