Grasp the reality, look forward to the future -- in the CESL annual meeting
Created:
/Author:
Aaron Lewis
Chairman.
CESL face the current development of global far from equilibrium, the contradictions, disputes, terrorism is rampant, the ups and downs of the reality of war, "legal effect" as the theme for academic research, significance should not be underestimated.I as a general legal person, make it, but not talented, only to "grasp the reality, looking to the future" as the topic, the meeting suggested "mission -- Ethics -- reality -- prospects" as the focus, from the law angle slightly to express feelings, as the exchange, we are looking forward to correct.
Show that the history of human civilization: cultural field without borders.Integration of global culture, the development of a "universal value", the final will keep social order into "goodness" realm, for the benefit of the public.Legal culture in which has its own unique role.
Platon put the law known as the "gold rope", that its role is to draw people to the right direction.As a legal community, it is pulling gold rope, follow the universal values of the society, on the right direction group.This is where the mission of lawyers.
Of course, to face the reality.The mainland lawyers in a very not ideal environment: has been rough, with all the way; some signed on United Nations legal authorities enforced, particularly perplexing.The lawyers themselves sometimes is not good, sweet filling power accomplice, Jinyuan servant, self trapped, cast from the Jedi, offbeat maker into a bad law enforcement environment!In fact, cruel reality and lack of fear.We have reasons to regard it as exercise volition, culture character, eventually yielded results condition, the so-called "calamity", should belong to the."Qu Yuan is banished, but Fu" Lisao "; left blind hill, que has" Mandarin "; grandson patellar feet," art of war "out,......"Also the addition of Sima castration, beginning with "historical records".Mr. Yin Ke, blindness in old age, and patellar foot, making macro article, "such as" is not unprecedented, unprecedented!Our lawyer for hundreds of years, outstanding achievements of predecessors are produced in the storm.How many examples, many enlightenment!
Before the grounding, the first point is cautious when accurate hold lawyers strategic position in the political system and the legal system, not blindly arrogant.We usually belong to the weak in the legal community.But also not inferior.The lawyers after all read to the ordinary people, because of love and hate, life sentiment, the social insight, so in practice to improve people's life goals, discover the case implied social significance, which reflects the occupation mission group.
The week to design, develop with different stages, the time limit may be taken counsel, steps and measures, do not care about a result.For the lawsuit, and mixed results, often do not behave as the outcome, but in the wrong or non.To seeking truth, do it right, "Sheng Gu readily, the defeat is also encouraging".Su Dongpo this 8 words, full of philosophy.The letter is Si speech!
To be clear, the mission is the task, responsibility, will differ from man to man, to have no.In Chile in August 33 people suffering disaster, at a depth of seven hundred meters underground.They were stunned, up and down together, fighting 69 days gain a complete victory, the victims are to be delivered from oppression, create a miracle!The president to rescue the front, careful organization; mining minister, do not divide day and night to carefully monitor command; suffering miners still solidarity Nanyou, overcome all difficulties, contradictions, and adhere to the last well.The three characters, different roles, each bear the important mission, the implementation of job duties.A few years ago we radio continuous playback of a story, also impressive: Village one night drop heavy rain.Mother waked daughter: "go!To cover the village food!"Go a few steps, daughter back home food soaked by punching, shouted: "niang!Our grain......"Voice did not fall, the mother should be a sentence: "the child!Mother is the leader, not take care of their food!"Not daring Zhuang, but with great heart momentum!Her mission was to perform the duties of the speech act, reached a "righteous song" in the "Pei Hu plug pale" effect, brilliant, a great.
All men and women with high ideals all cherish lofty ideal, loyal to the cause; the heart has no fire, the fraternity!The lawyers in practice, it should follow their example, stand on solid ground, strain every nerve, based on love, in the protection of human rights at the same time, painted a good picture of life better for the public to realize the future, holding the legal gold rope to society on the right direction of historical mission.Therefore must consider national conditions.Our legal construction is a long-term process will.After so many years of twists and turns, democracy and freedom are still far western waving to us, no hope to accomplish at one stroke.Therefore cannot hope to accomplish the whole task at one stroke, overnight success.Can only insist on toughness, matter accumulation by, by promoting, is the right way.
The lawyer rights.A voice said: "stability is of overriding importance!"South Africa has a judicial agency said that the first dimension stability, only talk about rights, and instructing lawyers do.The problem is: stability overrides everything is an idea, an idea, a policy to a certain form, from the mouth, non source in the legislation, in conflict with the law is not in force when necessary.Moreover, from a practical point of view, not dimensional live people right, there will be no social stability.As for dimensional stability and must take legal overwhelmed, I fear the legal justice and public credibility of the judiciary will be all gone.This "steady", how can "dimension"?
"Stability is the overall situation, is the political law should serve for politics."Have this.Each of the overall situation, regardless of.The relationship between law and politics that is worth to explore.I think the essence of "service" theory is the pressure right, right on behalf of the law, is the legal tools, eventually lead to legal nihilism flooding.Lessons of "the Culture Revolution", it is not far.The basic function of the law is to adjust the various contradictions, establish and maintain a reasonable order, this is any political are incompetent substituted."Service theory" here is passive water.Mao Zedong, Liu Shaoji once said that the law by common consent, what is the use?"The meeting will solve the problem."We don't want the law.They call it the "politics in command".The reality is that so?Practice proved: a meeting, it is a service method, method of work, hard with political hang the bait will be transformed into the form and method of analysis.Governing the country, and solve major problems in the final analysis, must rely on the system in accordance with the law.In a word: the supremacy of law!
Adhere to the "supremacy of law", not to the exclusion of politics.Let the facts speak.Lawyers handling cases, tell the truth, "a" degree ", play the" Festival ", it should be said, the things which had to stop, stop it, not every thing all Yixieqianli, leave no room, no aftertaste, embodies the politician style style, full of political.In August this year, Yihuang residents on the undertaking lawyer, not "stand", don't float about, not empty not boast, not thinking things, not to engage in speculation, but argue strongly for the people, rights, and knows how to consider the local situation, and the parties exchange differences, appropriate adjustments to the work programme, to get timely parties generally satisfaction, suffering civilians appreciation effect.There is compromise, also including political.However, the plan is: Adults first, the supremacy of law, both government and politics.Some empty political lawyer, playing a political show, these people are almost always practice dwarf, of no help to the actual implementation of the law, to help, not to be taken as an example.
Of course, there are limits to compromise.A without loss of principle, two does not violate the law.As for the reality of the pull and push, bribery dignitary, until to be sentenced for officer, suborning the state jurisdiction, or loss of personality, or his character, it has nothing to do with the work.Some people ask: do not pull, not collusion, damaged, the legitimate rights of the parties won?Look like heavy, but simple.We say, even if the reality is, would rather let one thing is damaged, and can't corrupt system, damage the legal order, betrayal, the mass damaged evil, so that the country can!
The lawyer system reconstruction in 30 years, we have the self-respect and self love, also slightly intellectual self-improvement, generally can grasp the reality, stand on solid ground, can achieve the yearning of ancient and modern, dedicated, can the prospect and thousands of miles, more superstratum building.30 years of performance that we must not only for decoration vase.Also not only ornamental chrysanthemum.A lot of people "the silt but don't dye, Qinglian Zhuo without demon", did not dare to say "incense Yuan Yi Qing", it is also the Yuli tingting.Many fellow like blossoming dewy rose, crystal clear dew, slightly universe of 1,000,000,000 universes, mapping!Therefore, we have the qualifications declared: in the spirit world, China lawyer may not be weak!
The power source to the law.The force of law mainly are the spirit level.The administration of the nation said: "the law is between heaven and earth of Hao Ran."Zhuang bold, vivid and accurate, foot can be earthshaking, speak good!I understand, Hao Ran upright stems from holding the truth, from the firm and unyielding character, is the beauty of the Supreme realm.Zola a "J'accuse", the world as a model, can testify.From ancient to modern times, the legal thought how much exquisite, full of beautiful element; many excellent law norms embodies the law of beauty.There is a saying: "beauty is truth!"While the law and truth are different but connected.We are facing the "Hao Ran spirit", there is reason to the Greek proverb as "beauty is the legal brilliant", let the law root in the art of forest!
Based on this understanding, it should change the perspective of legal person in the proceedings as the two party, including the plea in court against each other in the lead, at the same time, the "analysis of the theory of everything," to express the human goodness, "found the beauty in the world," complementary each other, with their respective viewpoints and language the law, to convey the charm, combining the authoritarian, reflect the legal essence, or can produce much admired convincing effect, to maximize the legal and judicial power.In the proceedings, as a legal community, communication is easy to resolve differences than confrontation.Act with a hidden motive and effect, how to learn Meng de wine on male, or community "common" reflected where?Power should recognize that, to play the role of law cannot do without a lawyer.
To know is easy, but to do is difficult.The lawyer, without knowledge, wisdom, no such broad mind, noble character, if not at the practice from the skill level to enhance the art, is not easy to reach that state.Be known to all the reality is not just as one wishes, however, in the hope that young lad, a bright future; they must be based on the mainland, mind the world, full of youthful spirit; pursue; keeping pace with the times, the courage to go beyond; more abundant conditions of wisdom, so that the global legal culture to obtain the breakthrough development.Especially the Hao Ran upright, keep the dimension, Tianzhu, depends on their.An autocratic countercurrent could not withstand the former surging waves, please listen to 80 - 90 and together we sing The mighty river flows eastward!