The lawyer's political participation

He Weifang

Chinese lawyers in the recent "2000Annual conference ", the famous jurist professor Jiang Ping issued a sincere appeal to lawyers: toward a politics! He wants us to have politicians more lawyers, that participation in political life, political quality improvement is the historical mission endowed China lawyers in the new century (the "lawyer" China speech2001No.1Period).

Indeed, in today's world, an interesting phenomenon is, who developed the rule of law, lawyers play are not limited to the judicial field; they play an important role in the management of public affairs more widely. For example, American as a country founded, outstanding contribution is due to Jefferson, Hamilton and a number of lawyers. The Federal Supreme Court Chief Justice Rehnquist had these lawyers call "lawyers, politicians ("Lawyer-statesman, or, with Jiang Ping said translation, namely "statesman lawyer"). As a representative, and legislators in Congress, the lawyers occupy high proportion of unbelievable. In the20Century80In the mid USA Senate senator, lawyer as high as60%. America president served as attorney positions accounted for more than half.

USA is a typical but not a special case. We are in today's world, many heads of state or the chief executive is a legal professional. Britain, Germany, Russia, Argentina...... This is not the only one.

Our question is, in today's world, why lawyers can play such an important role in the political life? In addition, in such a China is embarked on the road of the rule of law in a country, whether a lawyer should also play a positive role in the political life?

Analysis of lawyer's political participation or social role probably should start from the observation of legal education. Legal education training for lawyers and judges and prosecutors think, unique way to solve the problem. The ancient Romans had said: "the law is the art of justice and kindness." The so-called Justice (Justice) and kindness, it is in the middle part of society, the distribution of wealth, appropriate power and honor, and the destruction of a reasonable social order corrective actions to. As a legal one of the oldest human subjects, it is the study of how to allocate is appropriate, how to correct for practical science reasonable. In the process of legal education, students should learn all aspects of the practice subject specific to be arranged, such as the constitutional law, is the principle and the principle of state power distribution between the organs of state power, as well as the relationship between the government and the people of the theory and practice. The criminal law is concerned with the reasonable limit what behavior should be punished and punishment. Through this study, and then after a certain professional experience, a person gradually by the layman and become a legal person to observe the social law perspective. In the face of social relations and conflicts of complex, he can judge success, discrimination is not made in conformity with the social justice, choice of conflict. Able to skillfully use this talent is not administer country talent?

Perhaps some people will question: the typical lawyer the doings are talking in a party position, his highest goal is to maximize the client's interests rather than the interests of the public, such people how to adapt to the requirement of public office? For this question, we must ask: is it? Is it true? Of course, the lawyer is on the principal position, but, don't forget the doings, lawyers are legal limits. He advocated a fact, must depend on the related evidence; he put forward some claims, must have the corresponding legal provisions or legal theory as the basis. The lawyer all behavior, but within the legal framework for the parties do not understand the law or the prosecutor occupation characteristics due to neglect or legal issues covered are revealed. In a through democratic procedures elected member of the legislature and follow the democratic legislative procedure in the country, the law is the embodiment of the overwhelming majority of people's will and interests, therefore, to use legal and practice law allow things, even for individual interests, but are not limited to the beneficiaries. Moreover, the existence of lawyer, objectively justifiable exercise to the judicial power of the state, preventing judicial arbitrary, enhance social freedom and well-being. Therefore, in general, lawyers rather than private interests spokesman, as it is in the public interest to maintain.

The basic way for lawyers to carry out business is the debate in court, sometimes unavoidable give a person of Zhuang HUAIJI intense feeling, but the main characteristics of court procedure is not sensible, but a rational. The lawyer in court before, the need for comprehensive collection of evidence pertaining to the case (not only to gather evidence on the beneficial), to make a serious moment real research on relevant legal norms and the previous judicial judgment, to clearly differentiate the various legal boundaries. In the process he going to have to make some judgment: if the odds are, he might advise clients don't "know its not and for". For the determination to fight legal battle, a lawyer to design the most advantageous to the litigation strategy and tactics. During the trial, lawyers should size up the situation, adjust to changing circumstances, will play the evidence and claim convincing to the maximum.

Understanding of the theory and practice of modern government power operation will have noted, the decision-making process and the government is just a replica of the lawyers. Then rely on charm or experience in the exclusion of witchcraft and the governance model, rational decision procedure, calculation, the government behavior and its effect on the diversification of interests between the cognitive and different interest balance, the government behavior of conflicting needs to be entered into the legal regulation and so on, are the characteristics of modern government decision the. More importantly, democracy advocates resorting to words debate review. Representatives of different interests between the legislation of debating It goes without saying that the decision of administrative organs, often need to obtain its legitimacy through various hearing. But lawyers display one's skill to the full place: their keen observation of different interests, to accurately grasp the legal norms, they debate the proficiency of skills, so that they become the modern government are the most active and important role. We mentioned above, the proportion is as high as lawyers America Senator60%, of course, makes sense.

The lawyer finally to participate in political life, but is perhaps the most fundamental reason is the rule of law or the rule of law itself. By amending the constitution, the rule of law has become the basic strategy of ruling the country. However, the law does not only include the laws enacted by the legislature, it also includes a rich set of professional knowledge of law, legal analysis method to solve the problem and the rule of law consciousness. Legal family group composed of judges, prosecutors and lawyers are the carrier of the knowledge, methods and consciousness. So, the rule of law is the law governing in the home, rather than a heap of dead rules of social adjustment. In this sense, the degree of participation in the political life of the nation's law is a rule of law in China to achieve the level of.

Although in the past two decades, China's lawyer system with the impressiveness of development, played by lawyers in the fields of social relation adjustment and the human rights protection role is also growing, however, no need for reticence, lawyers and other legal occupation in political life is still a not worth mentioning role. According to Professor Jiang Ping's lecture, in nearly three thousand delegates to the NPC, the lawyer only six --0.2Nothing more. Although the lack of statistics, but the degree of participation in the operation of administrative power of attorney is not generally too high. In the rule of law has become a popular saying from state leaders, down to the ordinary people of today, this situation not too cruel.

Participation of such problems, lawyers are required to. However, think carefully, need to work again is a lawyer?

The original "China lawyer"2001No.3Period