Law on Lawyers    

The lawyers working for nearly twenty years, do have a case to all large and small. Spring summer autumn winter, the long decades of lawyers, the sour, sweet, bitter, hot, the passions, has deep experience. Sit in retrospect, cannot know how many parties contact, look at how much the world disputes and resentment. Contact with the party is all walks of life, a small, poor, rich, both city people but also the farmers; to undertake case has tens of millions of economic disputes, also have the marriage family conflicts involves no money; both the defense of criminal homicide and robbery of corruption, there are public officials in administrative litigation. No matter for what case, the result is a win or lose, in the face of the law and the parties are done to examine oneself, feeling no shame no regrets, do to a lawyer's duty and conscience.

With the development of Chinese economic reform and market economy, the lawyer system recovery, the lawyer has highlighted its unique charm and role in people's life and the market economic operation. Perceptions of lawyers, experienced from unfamiliar to familiar, from or not does not matter to become an indispensable part of our society, the enterprise management and administrative law enforcement, fully reflects the gradual construction of China's legal system, the enhancement of people protect their legitimate rights and interests of legal consciousness. As a lawyer in the new era, which felt the glory and pride, also had a mixed anxiety and confusion.

Just working as a lawyer in the early ninety's, the lawyer institution is not firm, but ask the office of legal counsel. There are one or two big city, small city and town is only one, then the lawyer institutions, belongs to the Judicial Administration for fiscal wage national staff. Few lawyers a legal advisory office, the case also only dozens, many hundreds of defense, most cases also from the trial stage are allowed to participate in criminal. The lawyer exactly is stem what of, a lot of people do not understand the period of eighty years, always thought that the lawyer is only designed for the "bad guys" talking, walking through the yard "Prisoners" in defense, no other action. Even with the dispute, their legitimate rights and interests have been infringed, also do not want to or don't know how to use legal weapons to protect, some even use illegal means to fix, so doing illegal things, not to think of a lawyer to help. In the operation of enterprises, whether business negotiations and contract signing, bosses are just by their sense of understanding and friendship or old experience, the awareness of the law, the contract is Its loopholes appeared one after another., is not rigorous, still do not know to let the lawyers to participate in the enterprise business or business negotiations, the signing of the contract. Sometimes think that if a lawyer involved in business negotiations, injury to the trust and affection, cause mistrust misunderstanding to each other, so that the contract is not rigorous and enterprise decision illegal causes serious economic losses. Now, people know the extent of the lawyer is different, with the enhancement of legal consciousness of citizen and improve the law to protect their legitimate rights and interests of consciousness, people engaged in life or in business enterprise, encounter relates to legal problems, or in the home is in trouble, have come very naturally active thought to seek legal advice, cognition to hire a lawyer to participate in business negotiations, the signing of the contract, learn by lawyers guard finalized after sign the contract. This fully shows that the role of lawyers in the slowly infiltrated into every aspect of our lives.

What is the law? In its essence, is to have certain legal knowledge, according to the provisions of the "law", has"The above law undergraduate institutions of higher learning"The knowledge of the law or"More than other colleges, bachelor degree with legal knowledge"The country"Judicial examination", qualification, the approval by the judicial administration department of the state, obtained a practicing certificate, to provide legal services for the society, and as an occupation. The above conditions are indispensable, otherwise it can not be called"Lawyer".

The lawyer is to promote the correct implementation of law, safeguard social justice and fairness of the important strength.

According to China's "lawyer law" provisions, task specific performance: (a) a lawyer to protect the legitimate rights of the parties. Our lawyers to protect the legitimate rights of the parties have clearly defined, namely the legal provisions and the protection of the rights and interests of the parties concerned shall enjoy, clearly defined rights for the law, lawyers should be resolutely safeguard, for some there is no explicit legal rights, as long as it is not legal prohibitions and restrictions, lawyers also maintain. And the legitimate rights and interests of the parties once violated, and the ways to maintain in many ways, can be resolved through consultation, or the third party mediation, also can solve through the national public relief. However, maintenance of the first is the legitimate rights and interests of the parties, not illegal interests, even if is the implementation of the illegal behavior of the legitimate rights and interests, the lawyer should also be maintained; secondly, the legitimate rights and interests of the parties must be maintained or has a direct or indirect interest relations with the litigant's legitimate rights and interests, such as parties and independent, is not the law responsibility scope. (two) the maintenance of civil rights, to restrict the state power and government power. The lawyer is its customers to safeguard the legitimate rights and interests of voice, for the benefit of the people, so it is with the public rights"Combat", especially in criminal proceedings. Because the state and the expansion of government power and abuse leads to the constraints become a major issue, the abuse of state power may be larger than the personal danger, which is why in the criminal procedure in control state power, such as the exclusion of reasonable doubt in criminal litigation proof standard and no reason to refuse the jury personnel system, evidence exclusion rules, which reflects the power of government control and the value of personal power respect. Of course, this system is also not be the pink of perfection. (three) maintain the unity of rule of law. However, we should see, the rule of law also has its defects, the obvious example is the rule of law society, established in accordance with the law has a good predictability basis, namely to existing rules the future life, it may have not legal and social development situation; if the law frequently modified, and often will weaken the authority of law, because the authority is based on the same basis. There is a contradiction between the stability of law and social change rapidly changes between, it is this contradiction shows that a society is the society of the rule of law. On the other hand, unity of rule of law restriction depends in the judicial process, the judge can not be arbitrary decision. The rule of law in our country is still a long way to go, lawyers have the obligation to promote and maintain the unity of the rule of law. (four) increase"The legal community"Unite,To promote the construction of social democracy and legal system. We know that foreign countries especially the developed countries, to take a variety of ways to promote the unity of the legal community, such as a unified legal education and training background, China's legal education many levels, even the judges do not need legal education. In addition, three kinds of legal occupation abroad need to pass the unified examination, and the training process so that we all experience three kinds of occupation, so three occupation unity strengthened. American and Hongkong, the general practice is to judge is the summit as a lawyer, in favor of the judges refuse bribe, restricting the lawyer tricks. Effective guidance procedure in knowledge, and understanding of the system of lawyer and judge the behavior, which is also conducive to the unity of the community legal occupation.

Task and role of law in society is very obvious.

Why enterprises need a lawyer? Haier Group Chairman Zhang Ruimin office, hung a large "to be very careful, as if", always remind ourselves. Zhang Ruimin attended CCTV heldCCTVCup2001The economy person of the year awards, said: "as a leader, to be calm, cool, and cool." As the company chairman Ren Zhengfei wrote an article "Huawei winter", the risk Huawei faces in the rapid development of a comprehensive analysis. We can not forget, he has such a sentence of the true saying: "every day, I have to remind myself: the enterprise from bankruptcy only one step away." General electric company former chairman Welch in the enterprise in the glorious period began to adjust the management mode and management direction, to realize the close connection between the legal risk and business risk, the general to get rid of the fate of decline, from glory to more brilliant. The best answer to why this is the enterprise need a lawyer.

No matter how the size of the enterprise, the enterprise environment, mature enterprise managers can always fully aware of the crisis facing enterprises. Enterprise risk is everywhere, all the time. An enterprise regardless of wealth, relative to the cradle, as a baby, risk is shaking hands enterprise cradle. It is the existence of these risks, so enterprises need a lawyer. Market economy is legal economy, an important seat of legal economy integrity must be lawyers, it will lose the integrity of legal economy.

Not only the enterprise need a lawyer, right control trial judge also need a lawyer. And why is that? Because lawyers making judge a real judge and non executive. If our procedure is to punish crime, maintaining social order, the public security organ can Dudangyimian, the court also lack scope for their abilities, as the "bad guys" to speak to an attorney and no the meaning of existence. That is not the case, the reason why we need the existence of lawyer, its significance is to judicial organs have scruples in accused of responsibility, more legal justice Party civil liability. Lawyers can in each may be delineated as the "bad guys" citizens in the occasion, he backed be isolated and helpless for help, for he defended him, even if guilty, let him know where the crime.

The lawyer would have to be is an important part of the indispensable social work. Relevance from the subject of the judicial action name operation judges, prosecutors, lawyers have embodied the "lawyer" the importance, necessity. The judge and lawyer that "law", the public prosecutor (v.) + (litigation lawyer) that "action", the judge and prosecutor and lawyer draw "legal action" is a word. Legal action is an important legal concept, but also a complete judicial activities. Of course, the role of lawyers is not limited to litigation lawsuit, arguably more important role is to nip in the bud of the non litigation business, such as business negotiations, contract signing, company formation, mergers and acquisitions, listing, real estate development and government administrative behavior, should have a lawyer to participate in appropriate. So many administrative organs, enterprises and institutions or individual citizens to hire a lawyer to provide legal help its special affairs or hire staff role as perennial legal counsel.

The lawyer itself is engaged in full-time legal work, with legal thinking, rational thinking for the service. A lawyer should use to maximize the knowledge of their own to safeguard the legitimate rights and interests, this is a lawyer's duty. So, the lawyer can not engage in formalism, innovation can not be keen on the concept, theory, more cannot leave the interests of the parties and the realistic situation to the pursuit of their own ideals of justice. In the process of the agent or defender, people also can not insist on demand lawyers are "fair". Of course, legal person's personality to integrity, honesty, but the lawyer to provide legal services, to maximize the maintenance of the legitimate rights and interests of parties, this is the lawyer must abide by the occupation moral. The lawyer to make innovation consciousness, the scheme combine strategy and pragmatic spirit closely.

Now, engineers, doctors, teachers, lawyers, accountants and other professional, plays a more and more important role in the society, has become a part of the whole social life can not lack. The lawyer was a much wanted in Chinese occupation, but also a difficult occupation, sweat and thorns are intertwined, honor and duty blend.

Nowadays, people are talking about lawyers, some envy, some praised, some lower, some complain, or even scold, is mixed. Why? Is a long story. Both lawyers themselves reasons, there are problems with the current system, there are insufficient understanding of the problem of single people. Effects of lawyers or law exists in the evaluation of two positive and negative, this is very normal, also shows people begin to pay attention to the lawyer, questioned the good to the lawyer industry, put forward higher requirements to the lawyers, this is conducive to the healthy development of lawyers. The positive view, think in the lawyers involved in politics in the higher levels (such as Hongkong), a lawyer is considered to be respectable and influential occupation, is the embodiment of justice, is the effective power restriction and correct the abuse of government power, making and discuss their concern and participation in social policy, to make a positive impact. The lawyer as a new representative of the interests of the people of the team, actively involved in the work of the government, among the deputies to the people's interests in the ranks, drum and call, objective and fair to safeguard the legitimate rights and interests of parties. A negative argument has, for different regions, different level, uneven quality of lawyer, the emergence of many for the lawyer jokes and satire culture, concentrated in the lawyer's forget honour at the prospect of profits, no principle and high charges. In the judicial system is not perfect, the lawyer occupation late start of the area, people tend to focus on the lawyer's income, do not care about the lawyer to pay and participate in the role of social policy. People focus on the lips, the lawyer to write, but not or rarely see lawyers to the interests of the parties, in order to make the criminal suspect even a small doubts clarified, day and night rush of investigation and evidence collection, analysis cases, reasoning, toil at acute book.

Nowadays, people's legal awareness although improved, gradually understand the market economy is an economy ruled by law. But in the normal life and business, still on the legal service, operating according to the law, not enough attention. To nip in the bud truth remains mere verbal form, this is related to Chinese thousands of years of life habit. Take the cure for it, usually if you let someone to spend a few dollars to eat prophylactic drug or vaccination or not sick the first physical examination, someone would sniff at places not to regard it as right, or even to laugh at you "spend the money wrong doing?" "Live blame careful?". However, once the illness comes, he panicked, cried loudly, no matter how much money, buy this medicine to buy the medicine, urgent the place to find doctors, dynamic operation, no matter how much money. Coincidentally, a similar situation is also often occur in the operation of enterprises, for example, if an enterprise in the daily management, especially when his business is booming momentum just now, if you tell the boss in order to guard against business risks hire a lawyer as perennial legal counsel, let the lawyers involved in the enterprise contract, business negotiation, for enterprise business risk forecast, prevent disputes and so on, the boss does not do, also said proudly that spend the money wrong doing, and I don't play all day, even though I have also not afraid of disputes, the Public Security Bureau in the courts and some friends. But, really wait until the performance of the contract violates the contract is invalid or does not comply with the provisions of the law by loss or business activities in violation of the law, or to do not have legal duty deceived, then rush to hire a lawyer or to the court, the boss is busy awfully, find the judge find friends,,, the trust relationship between said human, try to make the lawsuit is successful to restore the loss. However, at this time is The loss outweighs the gain., namely, spent a lot of money, and delay the time, still angry cat. Time is money, time is life! Conversely, if early eat prophylactic, hit precautionary needle body, physical examination, disease free of disease prevention, enterprises no disputes without risk, to hire a lawyer to check in advance, consult, spend less, a successful career, not only healthy, but also avoid the risks and disputes, which reduces the loss again, to win time, what is there against it?

Do I have to defend a guilty of malfeasance of government officials, met with him, he said a very meaningful words, he was the mayor, usually very is difficult to listen to the views of others, most is not willing to listen to the lawyer said some legal restrictions and fetters, feel the dogmatic inflexible, from unwilling and lawyers to deal with, despise lawyers, always think that lawyers are show off one's eloquence to eat. Now he is caught in, more than a month, a family acquaintance is not seen, he first thought of lawyer, lawyer let him understand what was wrong, mistakes, where. Is a lawyer that he felt a deep sense of personal freedom is restricted to talk after the equal dignity.

The lawyer is not a panacea, nor can a universal key to solve any problems. Some people may only one-sided to lawyers as "fireman", don't ask a lawyer, once encountered legal trouble or was caught breaking the law, was very worried to find a lawyer, said "what you get this out", or "put someone out", no matter how much money etc.. Never have a look what you made, how serious the problem is. The lawyer only in accordance with the procedures prescribed by law, safeguard the legitimate rights and interests of the parties, not assault "firefighter", people can fire success, more than one intervention can criminal case that the detained or arrested "out", or get involved. People who have this idea is on the lawyer's misunderstanding and prejudice, it is not understand the importance of the law.

There is another unusual phenomenon affects or puzzled lawyers, namely legal or playing the "relationship" problem. Sometimes I also really a little say not clear, perhaps this is not a normal particularity in our society. In many cases, once the lawsuits, the protection of some people seek first is not a law, lawyer help, it's relationship to find opportunities, rack sth. from making laws in find friends, money management, through the relationship between the lawsuit win. He could not find the relationship, and then to a lawyer, not for legal advice to lawyers, get legal assistance lawyers, but he asked "do you have a lawyer in court?" Or "you know a public security bureau, the president of the court?" If a lawyer said, is heavily employed; if not, no matter how high the lawyer's level, he will turn on one's heel. This is not a normal phenomenon, do some lawyers hit on what one likes, it, not to the parties on legal issues of the case, but the parties to the understanding of certain officials bragged, so the police, judges, on handling the case, to attract business. This is an abnormal phenomenon, it can be said that the blasphemy law, to ridicule and a lawyer. Can this kind of thing is It is often seen., sometimes this "method" the lawsuit really works, this is the law of sorrow! The law of sorrow! Social tragedy! A reference to "network" of the plot, hated by everyone, but everyone against, and in varying degrees to weave your network against "". Longitudinal blood relationship, the superior subordinate relationship; horizontal comradeship, classmate relation etc.. The "relationship" lawsuit unwholesome tendencies, will last? The answer is no.. Because in recent years frequently sacked take bribes and bend the law, play favouritism and commit irregularities, the blasphemy law enforcers end, not very good answer?

As a lawyer, although everyone wants to win his agent each case, the legitimate rights and interests are best protected, will be done; want to defend the success of every criminal case, the suspect get lighter, mitigated or no punishment, no longer have the "hide and seek" event (non normal prison death or injury events) occurred or torture to extract confessions obtained phenomenon, legality and proper treatment. Lawyers like the doctor, want to give each patient good disease, save lives. I said, "all want to win every battle" and "defend the success of every criminal case" not to be misunderstood, civil case has the original, accused both sides, one side can win the other side loses, impossible to win, I mean, violation of the legitimate rights and interests in accordance with the law should win, those illegal behavior can not get the protection of the law, is bound to lose. The so-called defense success is not the result that every suspect get lighter, mitigated or innocent as the standard of success. Crime it is the purpose of criminal law, but shall abide by the principle of legality (Nullum crimen sine lege, nulla poena sine lege) and protect the suspect is entitled to legal rights. To offend to deserve one's punishment, should be lighter, mitigated or innocent to get the results, do not happen again in miscarriages of justice. However, now the judicial environment make the lawyer's job is limited to a great extent, such as criminal defense lawyer, facePredicament meet the difficult, hard evidence and scoring difficult "Trilemma". China's criminal procedural law clearly defined"The criminal suspect is interrogated by investigation organ for the first time or to take coercive measures to date, can hire lawyers to provide legal advice, to its appeal, accuse agent. If the criminal suspect is arrested, the appointed lawyer may apply for bail....... The appointed lawyer shall have the right to the investigation organ about the crime suspected of, and may meet with the criminal suspect in custody, the suspect information related to the case. The lawyer meets with the criminal suspect in custody, the investigation organ may according to the circumstances of the case and the need to present. Cases involving state secrets, the lawyer meets with the criminal suspect in custody, shall be subject to the approval of the investigation organ." (96A)"Defense lawyers of the people's Procuratorate date, consult, extract, copy the file documents, technical identification of material, can meet with the criminal suspect in custody and communication. Other defenders, with permission of the people's Procuratorate, may also consult, extract and duplicate the above-mentioned material, meet and correspond with the criminal suspect in custody." (36The defense lawyer) "with the consent of the witnesses or other relevant units and individuals, can collect information pertaining to the current case to them, can also apply to the people's Procuratorate, the people's court for the collection and obtaining of evidence, or request the people's court to inform the witnesses to testify in court." (37A) but, in the actual work is different, in the stage of investigation, the public security organs in various ways to lawyers, even tried to spending tremendous effort to take to meet, but also to meet the time limit to meet times, these are the law does not define, but no relevant laws and give clearRelief rights and way, the lawyer in the helpless predicament, it is unable to provide adequate legal assistance of criminal suspects. Lawyer, evidence also can not be protected by law, so that many lawyers not to engage in criminal defense work. Criminal defense lawyer is not only confusing difficulties, but a little careless, may also make the lawyer set off a "law" or "forgery". Criminal defense is difficult than "three" do, "bail" and ignore the difficulty "," torture to extract confessions made without investigation difficult "," defense point of debate and not difficult "etc.. These difficult difficulties only lawyers experience the most profound, also only called for criminal procedure law and the lawyers law in helpless in the modification and improvement, perfect supervision mechanism for a case in accordance with the law.

A good lawyer should be a good speaker, his pronunciation is not standard, his image is not necessarily cool beauty, but his side should have a kind of inner logic, his sway with an external infection. This comes from the legal certainty, from the analysis of the case of the fine, also from the self-confidence. Wonderful debate to achieve unity of legal content and form of art, the debate, moving, moving, exciting and attractive to convince people.Outstanding business law is the enterprise and business people good staff, good assistant, is the mainstay enterprise remain invincible.

Way of thinking decides the success or failure of things. How to use the most appropriate or modest way help the parties to obtain true protection at the right is a lawyer needs constantly thinking about the problem. Use what kind of way to maximize the maintenance of the legitimate rights and interests of parties, is a lawyer of thinking. In fact, people hope that the rule of law, in accordance with the law, society must be curbed the unwholesome tendencies.A civilized good law enforcement environment, is the harmonious development of society security, we need everyone's efforts to create and protect, the lawyer is bound to take the lead the practitioner.Our country and our people's life will be in the orbit of the rule of law, the healthy and orderly development. Now and the Guangxi Higher People's court president Mr. Tan Rifei's "work" a poem is not an official record, as a conclusion.

Jiangshan love words spirit

The years of no hate singing romantic.

Dare to call the spirits cry silently,

Chao Shi Xi to smile forever.

Attached: "do not be an official"

Tan Rifei

Moon and selfless Chiaki song,

Love eternal rivers flow.

Position property things,

People's sufferings Shi when sorrow.