In the field of law, we have written are a lot of deficiencies, not to mention the criminal, we all know that between the prosecution and defense to judge distance serious imbalance, including some hard evidence of lawyers. For example, the witness does not appear, for example -- I think Professor Long Zongzhi wrote very well every witness that I don't to procuratorate to testify, you asked me not to testify, the police can not appear in court, can not go to you, but to the court of the place, he can not appear in court. Li Zhuang case in the first quarter of the presiding judge, Mr. Fu Mingjian as the presiding judge, presided over the trial. The two attorney Li Zhuang request eight witnesses to the court, the judge said they did not want to appear in court. They have seven person is in custody, the loss of liberty, he said not to appear in court, you look at the code of criminal procedure Is it right? Provisions, witness any of the following circumstances can not court rules -- "third not to appear in court"? No.

   The most ridiculous is the presiding judge Fu Mingjian, his master thesis titled "the necessity to testify". (applause) really! This is our southwest story,

   Chen Weidong: and his teacher that he.

Zhang Weiping: This is the misunderstanding.

 He Weifang: rumors. The national court case exactly on the basis of what problem, it becomes more and more acute problem, that is to say you court cases on the basis of what, not sentenced to death three provisions prescribed in the first law: third; Second People's feeling of the situation, the feeling is not found to see if people feel. I want to have the masses of the people is not good for the Yunnan high court feeling. Peking University Chinese my colleague said the Yunnan Provincial Higher People's Court of judges from each are traitors, should pull out of shot. You are a people cherish an undying, angry Yao, people like Li Changkui defense, you almost can't say, you defend itself is a bad man, not only in people are bad, in some of the very elite inside is a bad man, in the expert inside is bad, how to do this system problems? Is that the court is not in accordance with the law the case too much trouble, "three" too much trouble, this to lawyers, what kind of problems? Also our country legal hermeneutics, I observed, is not the case law, law case law is that all threads neatly tied up the murder, connected, you can find, he is a legal criterion is established through numerous precedents, it is a history of the chain, we see a lawyer I debate in court also, layer upon layer connected. But no such rules in civil law countries, not in such a way, how to get to determine the law itself, the law is always more abstract, always said that need further explanation. For example of bank theft, theft of financial amount and the amount is huge, sentenced to life imprisonment and the death penalty, in addition to the theft amount is particularly huge, how be to return a responsibility? The man whose name is Xu Ting in the history of the cattle drawing machine, one hundred, to one thousand, buckle piece, he took one hundred and seventy thousand, this name is not called theft; drunken driving, Chengdu people, even over the crime of causing traffic casualties typical terms, and applicable to dangerous means to endanger public security, the interpretation of what is bring confusion, for lawyers, lawyers in this country is simply no way to do.

  
   There is a lower court, the relationship between the lower court recently, a little more chaos, the Supreme People's court is more and more direct guide lower courts sentenced cases how, not guidance, instruction. In some cases, the higher people's Court of Sichuan Province in the case of Sun Weimin, a day, the Supreme People's court held a press conference in Beijing, what is called the Yellow Terme justices said in a press conference we appreciate Sichuan Province high court.

   I said you will not be false, you after two days in the press conference said OK, you heard about the trial report, that is almost a direct instruction, the hearing process such intermediate, if direct instruction basically is prior to the hearing, the case is carried out before the instruction, you lawyers argue what the lawyer, you should to the Supreme People's court in advance. So I think now we Chinese law, especially criminal defense lawyer, has increasingly become a pity, sympathy, see want to shed tears of lawyers.

   This judicial mode, you said a lawyer, and public security three, cooperate with each other to act evilly in collusion with, in some places the emergence of the so-called "big three" conference, research and decision on the case in advance, I Li three case, I have listed the names of three judges. After the first season of trial, after the announcement of my own editorial, I used to do blogging as a newspaper, encountered significant events, daily published an editorial, the editorial is very simple four words "with deep hatred and resentment", following a line of small print, ask you to remember today three judges name, the their names. Many people say he teacher, you study the judicial for so many years, you do not know that they are innocent, how to bring them up? Of course I know this case is not made by a collegial panel trial decision, this is not possible. Trial when, on the court, there is a meeting room upstairs, live video is, sitting above the various officials, invited some scholars, early in the morning to come to the meeting, the second day Chongqing daily newspaper, of course, can not say that this three people to make the decision. Of course, if each of us to do something against it, the system would be so cruel, so cruel?

   So I think, the judicial system, legal situation, if from the idea, the point of view of value words, -- I've been thinking about a problem, the old want to study a problem, why the Chinese nation two thousand years did not develop a lawyer so an occupation, there will be no lawyer, a lawyer however, he is not a lawyer, which can be explained to some extent, why the Chinese people two thousand years to change dynasties, only through the front of the peasant uprising to overthrow the oppressive government, then still, people are "Xing people suffering, the suffering people". People are the most difficult group, and for what, us what the problem of the Chinese nation, two thousand years be worsening. There is no way to let people will be done, but like Pu Songling said, ": multiple unrighted wrong", can not, you help people to play a bad role, the next step is to pick up what the things to come, a farmer said, now we lack Chen Shengwu broad. Go to this step, of course, still can not say so, I do not agree with this point of view, we must stand, patched, but we Is it right? Raised a very, -- modification process of criminal procedure law, some scholars such as Chen Weidong scholars around the call sign, hoarse, these years every time I see you are so tired of feeling, the hair white, the body bone is also not like before. But you can get a reasonable response, about the crash, I proposed according to article seventy-first of the constitution, the establishment of the special investigation committee, the National People's Congress set the special committee, cannot let the railway ministry leading the investigation, cannot let the State Council Leading the investigation, let Chen Shimei to investigate Qin Xianglian's case, this is what kind of system, so I urge this must call. The investigation committee of the National People's Congress led, results no response, I also point out, the National People's Congress has ten I know the legal person, the ten person does not have a person to come out to take up, do not ignore me. How could he not start this thing, why do not respond to people's University Professor, in said what Professor He Weifang proposed the viewpoint, Lycopodium said citizens have this requirement, can be raised, but the special investigation committee is very prudent system, simply can not start, he is a threshold, must enough the big event to start, but our constitution 54 years launched a special investigation committee, to 75 years this constitutional wood no investigation committee did not, a total of 52 years between the time also did not start over, I said in the teacher, do you think will happen much, can start, Is it right? Chen Sheng Wu Guang out of all of a sudden, we then survey.

 We can put the lawyer situation, do a specimen, a detection index,A lawyer is a sign of a nation moving towards civilization, to suppress the lawyer nation is a nation, that he was not the last sign of civilization. The lawyer always put the clash of civilization, the various interests of the disputes in a rational way to the court, the court is one of the most reasonable. If a country does not allow lawyers to do such things, and that this country is civilized countries, not, can also be said that the Chinese nation two thousand years of civilization, not the existence of lawyer, proof of civilization and its serious drawbacks, I will stop here.

 Liu Guiming: from a professional perspective, this is the protagonist of Weidong, Professor, from the microphone is today's leading role is Wei Fang comments today is the protagonist of Professor Wei Ping. So I really say that remark, not.

   Zhang Weiping: be garrulous lean.

   Liu Guiming: the prosecution and the defense Diamond cut diamond, but the judge, sitting in the middle of the people or standing in the middle of people can not stand.

   Zhang Weiping: Professor Weidong, just a personal attack.

   Liu Guiming: this remark is alienate one person from another. I think the three teachers had no answer me three questions, Weidong professor is long-term criminal defense of anger.

 Chen Weidong: I heard the professor he's speech, I feel very deep, I feel that they That isn't all. professional people, but their words very professional, although from a different point of view, whether it is playing billiards, but for some of our industry is that the more objective. I would like to comment on the two point of view, I think the two at the beginning of the speech did not comply with the provisions of the host defense role, I do a judge, the combination of the two together in my criticism, I think the legal community China difficult to build, they don't behave. Professor Wei Ping two points, the first does not agree with me about our public security not with the problem, he believes that as long as the lawyers in accordance with the law to fight for the interests of the parties is not matching problem, in fact, the starting point is wrong, I say this with referring to the law clear, the lawyer must provide convenience, even said that the legal obligation. For example, say lawyers. The law is very clear, so your detention should provide he wouldn't give you; for example my lawyer to procuratorate to see the file material, according to say now can see all the materials in the case, but now the public prosecutor not to look to you; Li Zhuang case requires the attendance of witnesses but not in court, the public security organs to do just don't do.

   He is our public security organs have this convenience, his lawyer to hold such a hostile or an abnormal state of mind, I want the money you earn, you do, you have the ability to. So the starting point which matched with the provisions of public security shall do not provide him than laws, which do not fit with, not to say that we have no legal relationship any, I give you the convenience is also this meaning, as with our legal person does not meet, must stand in the perspective of law.

   Second, the Li Zhuang case, the second instance when families find me to my counsel, but I think Li Zhuang can be said to be in China, a victim in the development of. Why I said he did not when the hero as a coward, I think he can get this thing done better, I told him no prejudice, no resentment. If you say that you are not in the instruction you litigants perjury, you should not be recognized in any situation; if you think really implemented, then you don't fight early guilty plea. I think I'm afraid he's defence defense operation skill, is also a problem, he is not in accordance with Article 306 of the criminal law as a crime. So in this case, Li Zhuang from the social effect is the whole society, I often hear from Li Zhuangbo and the lawyer evaluation is negative, a lot of advanced are so evaluation, not to say a lot of people, bring to the negative effect to the society, this is my response. I speak a little Wei Fang, Wei Fang mentioned do not agree with China lawyer system such a legislation, he thought it was not mature. He cited examples of what nature, status of lawyers don't forget what I said about the defense is not a lawyer, we didn't talk about tonight is law, provisions in criminal defense. Provisions on the lawyer's occupation of the powers, obligations, Wei Fang just listing a lot of a lot of justice in some of the problems, such as unequal armed, confrontation, witnesses do not appear in court, the superior court to the lower intervention, as well as the people's court problems, this is not the legal issues, are you talking about the judicial status not legislative situation, how can this back to my topic? So we lawyers and public security the upcoming debate here, is not a tree or the problem you say another problem, that call off.

 Liu Guiming: the man in the middle or neutral, we judge, you are always.

   Zhang Weiping: he didn't say I play, I did not play his response I basically agree with. Weidong, Professor of I made a response, I respond to that well, but there may be some misunderstanding between us, because the language expression sometimes easily misunderstood especially this particular viewpoint, the most misunderstood.

   The Li Zhuang case is a negative on Li Zhuang himself the whole society, it would have a problem that needs to be seriously discussed our whole society why there is such a negative, especially why quite a high level people have such negative evaluation, this is the legal concept, our entire society's legal awareness has not really to achieve a legal society level, we have some social reflect actually reflects our more traditional non legal concept. So we not only as reflecting a society, we must be from a professional point of view, from the legal perspective of this case is how to evaluate.

   This involves Yunnan this case, if we from general emotion, since we do not understand, do not understand the legal system of criminal defense, so our evaluation is the evaluation of non professional and non professional knowledge, this is the two concepts. Therefore, the legal concept of the universal response I see it in Li Zhuang's case. The criminal defense concept still exist some problems. In addition to talk with the problem, we can count on your role opposite person and you cooperate? This isn't about what the relationship between husband and wife together? You can count on him and your role constraints and with you, from a legal term in order to make the case to comply with the above intentions he certainly doesn't want, so may the misunderstanding between us where?

   Chen Weidong: reflect his specialty, he is from the relationship between civil parties to assess, treat this problem, you are the state organs, people's organizations, you cannot be sure people guilty of judicial organs.

   Zhang Weiping: you are, you are the person you can be superior, all of the litigation system whether criminal or civil litigation system its fundamental, this is no problem, so I feel the understanding of criminal procedure as some professional problems of basic knowledge.

   He Weifang: I also have the opinion, I also want to speak. Our country's criminal procedure law, criminal procedure system, because Chen Weidong has been involved in the legislation, so he gathered some of his work and emotion, so that the criminal law has some defects, it always gets his instinctive resentment and conflict, agree with. For example, the case of Li Changkui makes me feel not to what is a reason to persuade more people to believe, I said Li Changkui case of first instance verdict in my view is correct, the abolition of the death penalty is the legislative problem. I think that a trial of such a cruel, the Supreme Court of Yunnan Province, relates to the neighborhood, I think this relationship is slightly reluctantly, I feel fairly is the range of discretion, the death penalty and the penalty is death, death with reprieve is different implementations of the death penalty, death is a very serious, I think the Supreme Court of Yunnan province this decision also accept. The second instance verdict I think there is a problem, but I hope to maintain its effectiveness, then the trial procedure of what my country the dignity of legal system is not, there is no reason to blame. But I this point everyone in the Internet to feel that your mind is not water it, your mind is ass to kick it, the door was to put it, what you say is wrong is not correct. We do not seek truth from facts, we all accept.

 Chen Weidong: all the words I think very much agree with Li Changkui, I said the case to the greatest harm than anything else, is the whole society to the people's court, seriousness of justice -- no, revision of the more serious consequences than did the consequences.

   He Weifang: I agree with his. My little response on the Li Zhuang case and Li Zhuang some public opinion problems. I think Professor Chen Weidong view is too pessimistic. Today I see him there is a process of change, began to catch time, Zhao Changqing of Southwestern University teacher is a person who offers bad advice to the underworld, Li Zhuang caught up public opinion has not changed much. With the development of the Li Zhuang case of insider, the entire Chongqing gang has more and more problems, you through several big website, can through the mop, you'll find out in front of the whole 80% scold Li Zhuang, 80% people in Chongqing's underworld, Chongqing in the lawyers for the persecution, of course we lawyers here. I think the Li Zhuang case appeared a few very great lawyer, the past Chinese lawyers have several lawyers like lawyer Chen Youxi, like Si Weijiang, like Gao Zicheng a lawyer lawyer, four lawyers become make known to every family characters in quite long time, can become the historical literature. Yang Jinzhu lawyers concern he has often deeply, when Li Zhuang case second trial, I heard the 50 lawyers gathered in the court outside, they know they can not enter the court, but they stand in this place we expressed our lawyer a certain to his occupation Shou, a justice of the stick to.

   I don't think it Chinese people have the lawyers also like before the demonized, now I think more and more people think that middle public opinion lawyer is a must, attorney this occupation is very important, a lawyer is not a country into tyranny, this concept is slowly in the win support among the people. So at this point I think you don't have to worry too much. In fact, Li Zhuang this person I am now ripe, the third day he got out of prison, we eat together, I was one of his two season advisory group of ten consultants, at that time also wrote an open letter. In order to rule of law, in order to share the ideal in our heart, an open letter to the legal profession. Then he is grateful, said to meet, meet, I felt his eyes close and open again and again, I said how old Li Zhuangni eyes blink, Is it right? This thing to you stimulate too big sit ill. He said no, he said I was old to blink eyes. He pleaded guilty in court, could become the hero, you confessed probation came out, then you are guilty of the body, you in there is a hero, how do you plead guilty?

   Zhang Weiping: even confessed to the crime he may also be a hero.

   He Weifang: but we soon discovered this confession is how to return a responsibility, he every paragraph idea is "pretend to plead guilty,". That is why, he says a then told the clerk that I the first word is not the word, the word is what. He paid special attention to this, Li Zhuang has no place, he persevered in the aspects of. There are some people in Hebei who's lawyers say that there's something wrong with. I think he is a great man. Thank you.

 Liu Guiming: both the prosecution and the defense, and the judge, as the topic here gradually reach agreement. Basically no different opinions of it, then I will ask a question, because he did not want to say just the teacher, Li Zhuang, want to say that Zhao Changqing is a lawyer, from head to find, why would I need a lawyer to defend the bad guys, these triad are bad ah? So why Zhang lawyers to defend Li Changkui, so that you do not see, our society is still exist such doubt, say lawyers are still bad defense, when our lawyer appears in court, even for the poor people in defence, often facing moral evaluation, in reality and how to the evaluation of the coordination of the conflict of law, I think Chen Weidong. From the point of view of professional equality of arms what's going on? Now please Weidong, professor.

   Chen Weidong: the principle of equality and armed with display slight skill before an expert in front of everyone, everyone is engaged in the defense business, have a deep understanding of the. Personal understanding of "equality of arms" principle of criminal defense in criminal proceedings in the wrong, often by the coercive power of the state and the country is endowed with power, with a series of power organs. And not only includes the investigation organ also includes the prosecution organ investigation and control of both sides, so it is corresponding to the appellee, called the suspect, so he naturally in social inequalities. The lawsuit, Weidong said the professional expert word itself is to fight against, like sports game, our competition should be at the same level. For example, 48 kilogram level or above, if a 48 and a 90 kilogram level not confrontation, in order to ensure equal justice, for he gives more rights for the prosecution, to more restricted his power to achieve equal as possible, this is the so-called property litigation in the "equality of arms" on their different whether you also, I think I this explanation has been put in place.

   Liu Guiming: Thank you, Professor Weidong, Professor Wei Ping had to have a meaning, said Professor Wei Ping professional. In fact, the three professors are professional connotation from different angles, either basketball or football, but then we have to open a new link, please you to explore the three professors they showed today how, you want to ask what they, you on their different if there are different, so the next he started asking questions. Han lawyer from Shanghai.

   Korean lawyers: I'm from Shanghai Han Guocheng lawyer. I want to ask the professor Chen Weidong, you are one of the scholars in China's criminal procedure legislation. I think now, the draft amendments to the criminal procedure law this time, why should it not like civil law, property law, other then released to the public, let us also participate, why not open the door to amend the law, why not, why? This is the first. Second, our country as early as in 1998, he joined the "United Nations Convention" political and civil rights, the Convention on the inside, what not proof, what a lot of right to silence, no provisions of Article 93 of the criminal procedure law must answer truthfully we. We joined the Convention for over 10 years, some universal value of things, why in the process of the law, not reflected; why we still use "China characteristics" to block him in at the door; the reason why the public security, check that they have so great privilege. Why do I have this feeling, I was the preliminary hearing, when changes in the last 1996, has the revision draft of my house, I now as a lawyer, why can't I see, you just say "equality of arms" principle, in the legislation of criminal procedure law, why not reflected, thank you you.

   Chen Weidong: I think the two Korea lawyers are very sharp.

   The first question, you and I is a feeling, I this time last year, Huang Taiyun, director of our morning lectures, I criticize him face to face, I said to him "marriage law", "property law" in the drafting of the time, to seek the views, opinions have thousands on thousands of strip, why "Criminal Procedure Law" you in closing, secret legislation legislation. I had this complaint or because the criminal procedure law has not yet officially, the relevant departments to discuss this situation, or the Law Committee in myself, I question like you. The reason is very simple, is the criminal procedure law is too sensitive, we "Criminal Procedure Law" to the will, to all member of the Standing Committee are marked with the internal data, Huang Taiyun is the deputy director of the criminal chamber nor the data.

   We "Criminal Procedure Law" from last year to now amended several times, each time a file is number is confidential, secret, written after the recovery, with. That lawyer Chang met for the first time, half gone, they draft sent halfway back, he worried that these things are not shaped, if the leak out, cause some reaction prevents us from the legislative process in the society, will prevent the criminal procedure law by. So it is not too much criticism for their difficulties, it is difficult for us to understand. For example, we in the discussion, all of the notes is any person may be forced, this article from the civil rights, the regulations, the Law Committee to chairman will report material he hard, say the word, the old Comrades can understand? He said what a witness against himself, how a word for him to do so or not, the Law Committee by phone several times to discuss how the word phrase, then no one will be forced to formal guilty, because everyone knows that, so this is what the law committee. Through this example we can see the criminal law is the very difficult. This is a point.

   Why another thing you said no provisions of principle, "Criminal Procedure Law" of our 32 years, this is the second time the overhaul of 1996, we have not yet joined, this one from 2003 until now has not been finalized, we did not revise, come very naturally will not come in, but there is not a self proof, embodies the spirit of terms, has now included. Unfortunately, the 93 answer truthfully, the discussion down to put in, take it back again, when the Standing Committee and put into. Is not the Law Committee who they are incompetent, nor are they do, but this thing is to put up, no contradiction. Because we also noticed that some day the media is full of several of our scholars foreign interpretation, so the Law Committee also implies that I in the process of interpretation, must explain the case to answer and the privilege against self incrimination is contradictory, to the formation of public opinion, when the National People's Congress Standing Committee in February October to remove. Seven thirty-eight this evening, focus has a column interview for me, is about "Criminal Procedure Law" revision, "Criminal Procedure Law" is the most difficult change law, all I can say.