Interpretation of criminal procedure law draft violates the constitution

 Allegedly, the new criminal law of procedure law to the highest judicial interpretation of the draft provisions: Prohibition of lawyer to the mobile phone into the court, no micro-blog live, otherwise the sanctions.

The above explained in terms of absurdity, the reason is:

One, the above explanation violates the constitution article fortieth.

"The constitution" the fortieth stipulation: "the freedom and privacy of correspondence of citizens of the people's Republic of China shall be protected by law. Except for the needs of state security or of criminal investigation, inspection of communication by the public security organ or the procuratorial organs in accordance with legal procedures and,No organization or individual may, for any reason, violations of freedom and privacy of correspondence of citizens".

In strict accordance with the provisions, the lawyer to mobile phone brought to court or court, even the phone (I do not advocate the call, I only discuss the legal or court), have no right to interfere. The provisions of the very clear: in addition to the investigation organ according to law enforcement, or individual shall not be any reason to infringement of citizens freedom and privacy of correspondence, any organization, out of court for any reason (including the court or other legal!) To violate the opportunity to secret communication freedom and communication of citizens. The law also does not have the right to make the rules, and judicial interpretation. The constitution has the highest legal effect, contrary to this provision, even through, is invalid, should be abolished!

Two, contrary to the basic principles of public trial.

The essence of the above terms is banned trial open.

"Criminal Procedure Law" Eleventh stipulates: "the people's court cases, unless otherwise prescribed in this law, shall be heard in public. The accused has the right to defence, the people's courts shall have the duty to guarantee the defendant to defence". This is the basic principle of open trial. The basic principle, the legislation, judicial, executive, and the judicial interpretation must comply with the rules. This is common sense, common sense.

When it comes to public trial, meaning, at least the following points: one is to improve the whole society law, legal consciousness, the realization of the rule of law; two is to meet the people's right to know; three can play a deterrent role and education; four is the supervision of judge deciding cases according to law, to curb judicial corruption; five can be reduced to reduce the truth, rumor; six can enhance the mass base court, carry out the mass line; seven is to maintain the dignity of law, establish the authority of the court; eight is to increase credibility of the court, the elimination of questioning, reduce the petition, maintaining stability.

In terms of countries, reform and opening to the outside world is the basic national policy; on the court, justice to deepen the reform, open trial to the full, to try to open it. At least do allow the whole video recording, allow television network broadcast, allow people the freedom to talk. Now we are from that goal was too far, too far. The Supreme People's court shall DOSOMETHINPREVIOUSLYUNRELEASED.

The lawyer with the public, the court shall thank. Both views are correct, whether it is the criticism against the court professional analysis or on the case, even if you are not happy, even affect your future, invite more criticism, you should also, using a classical poems, that is: civil servants criticism on the basis of its duty of citizens, should be with the restraint, tolerance, humility. If you want to add two words: welcome, with an open mind, it is perfect.

Some courts, to the power and the law their hands vulnerabilities, and legal department level Public Co. and supervision of the weak, for some cases, often disguised does not open, try to not let reporters, not to let the public, do not let people talk, news blackout, violate the law to secret trials, conservative said, the above eight points, is the opposite of the can to its.

If the lawyers and the public eyes, ears, mouth shut off the mobile phone, micro-blog, seal, as a lawyer, public and social public and court alienated, which is the authority down court date; conversely, when lawyers and the public and the court to date, it is rise the court's authority and status of.

The Internet era has arrived, people's eyes are sharp, people are not stupid. Against the historical trend, not wise, will not be long.

The truth is very simple, do not have too much argument. Hope expert officials high method to the historical perspective and the perspective of the rule of law, consider this suggestion seriously: should be allowed to freely, and welcome the whole ground, shooting, public broadcast, in-depth discussion.

Dignified and imposing, work in just ways, according to law, beneficial and harmless. As long as justice, fear public? If the lawyer open the case, please remember to say thank you!

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The following is the article of Mr. Ding Jinkun, quote, thanks to the teacher:

 

The revised criminal procedure law...... The high court in the process of drafting the interpretation... Rigorous vindictive "discipline" in terms of the court.

The following is a "court discipline" clauses: (1) shall not recording, video, photographic equipment, mobile phone and other electronic equipment into the court, but the court reporter except. (2) unauthorized recording, video recording, photography and by email, blog, micro blog and other ways to report the trial activities, in addition to warn, forced out of the court fines, detention, treatment, can also confiscate the recording, video, photography and other equipment or storage medium. (3) the defenders and agents ad litem, serious violations of the order of the court, was forced out of the court or be fined, detained, the people's court may prohibit it in more than six months a year to the defenders and agents ad litem, attended the court involved in litigation; counsel, litigation agent is a lawyer, can also recommend the judicial administrative department shall be given to stop practicing, his lawyer's practice certificate revoked punishment.

Ding Jinkun: "the draft judicial interpretation of the Supreme Court, the lawyer rights violations and dignity"Http://blog.sina.com.cn/s/blog_5f7396520102e1e9.html