Lawyers: the rise of the rule of force

 

Window of the south in 2011 "in the public interest lawyers" presentation speech: Double - action is undoubtedly inspiring and powerful. Not only let Chinese lawyers to see "the possibility of the bottom line for", also awakened the lawyers to unite in pursuit of justice and conscience of the occupation.

 

Ye Zhusheng

 

Assembly

2011 is the year lawyers collective action.

 

In June this year, Guangxi police in Beihai on suspicion of impeding the testimony of detention four lawyers. Within a week, the Beihai lawyer group is founded, and then continuing throughout the lawyer asked to join.

 

In April this year, Suzhou Changshu six migrant youth in his office door to repel the armed gang provocation, was sentenced to the crime of affray. This spread, many people think that the six youth behavior should be justifiable defence, twelve lawyers spontaneous to provide legal aid, formed the "Changshu lawyers". In December, the case is being superior court sent the reiterated.

 

Chinese lawyers to participate in the general case in the voluntary welfare group way defense originated from the Li Zhuang case second season. In March this year, Li Zhuang case second season kicked off the stage, "self-help" emotion is diffuse lawyers sounded the assembly, a great in strength and impetus of the lawyers set up rescue Li Zhuang. The lawyer group including two defense counsel, a lawyer Advisory Group and the behind the scenes work and pull together many lawyers. The lawyer for the first time China together "Baotuan heating".

 

For a long time, the criminal law 306th stipulation like "lawyer perjury" hanging in the lawyer's head a sword, can break down at any time. Therefore, many lawyers see criminal cases bypass and go, not willing to take over. Article 306 the legal services to the parties to the comprehensive professional ethics, is essentially to infringement of procedural rights of criminal suspects.

 

According to China criminal law scholars Chen Guangzhong, Chinese in criminal cases, lawyers to defend rate less than 25%. By contrast, in 2009 China's verdicts in criminal cases, the rate was only 1/1000. Two. In accordance with the rules of lawsuit, this data is not normal. Low defence rate and very little innocent rate behind, countless criminal suspect's human rights violations. Procedural justice is not achieved, the substantive justice will be no landing.

 

In this context, the criminal law 306 stick falls in a lawyer's head, which is upon all Chinese lawyers on the head. Li Zhuang case the end of the first season is Li Zhuang the final compromise, jailed for a year and a half. In the sentence will be full, Chongqing prosecutors to contract fraud and obstruction of evidence two "leaks the crime" to sue Li zhuang. The news was released, lawyers in shock. The first season defense attorney Chen Youxi sound: "without anger, do not despair, there will be time China lawyer speak, regardless of the court, or the court".

 

This time, Chinese lawyers began to "collective way.". The trade-offs, Si Wei Jiang He Yang Xuelin as defence lawyer, "director" Chen Youxi immediately in Beijing set up a "since the founding of the most luxurious lawyers Advisory Group", including Jiang Ping, a heavyweight Zhang Sizhi, He Weifang and other lawyers and law.

 

Self rescue

The urgency of self rescue in the lawyer's lawyers germination. In the case of Beihai, Li Zhuang lawyers and lawyers for the individual lawyer rescue, but these actions have actually exceeded the individual significance, the radiation to all criminal defense lawyer and even the whole legal occupation.

 

Yang Xuelin lawyers in the case of Li Zhuang when he was considering whether to hesitate, after all "risk is immeasurable", but "this year Chinese lawyers to the most critical juncture, Li Zhuang case can be devastating blow to the criminal defense lawyer. This is our lawyers themselves, that I must do." Yang Xuelin said, "if Li Zhuang was still guilty, I dare say, Chinese the criminal defense lawyer at least half of the people don't do criminal defense business."

 

Save others, also is to save yourself. Lawyers just a few lawyers group, but the legal occupation of a collective voice, is a system of community power under the condition of lack, embody the concept of community began to spontaneously formed.

 

Chen Youxi said: "as a group of legal person, start to say no to power, and block the success, it is historic in Chinese. Through this case, revive the law circle of intellectuals, including the national rule of law of Chinese confidence, think China or testimonies, not by some power to say."

 

Legal occupation ended, the law will end. Once the legal end, tyranny begins power.

 

Self salvation

If there is no lawyers self salvation, lawyers aid may be understood as the industry, act evilly in collusion with shield. Lawyers can bear the double rescue mission.

 

Li Zhuang was once described as the "black lawyer". Not only the public misunderstanding, lawyers also somebody thinks there is Li Zhuang. Even his lawyer Yang Xuelin, took over the case before "is suspected of Li Zhuang of improper place." Indeed, China lawyers have an evil member of the herd, "decent lawyer squeezed, engage in blending law, make a lot of money behind lawyer, specializing in collusion lawyer popular." Chen Youxi said.

 

No occupation like lawyers, from the birth of is to get both praise and blame. Under Shakespeare's pen, the lawyer is "a group of time thinking about money". Western social satire lawyer joke too many to count. However, as America famous scholar Lisman said: "the lawyer makes people fear, disgust, but indispensable." In the eyes of Tocqueville, a lawyer is the maintenance of the Republic essential strength, "I have not ignored legal occupation inherent drawbacks, but the principle of democracy without lawyers cautious combination, I doubt that democracy can long period of stability."

 

That speech at Harvard Law School in USA famous lawyer Choate 1.5 centuries ago: "the occupation is not only for bread, fame and social position, but has a lofty duty of dedication...... In order to become maintain national prosperity and stability, long period of stability, strength." The key to complete the "gorgeous turn" is that lawyers willing to uphold the public interest and justice. Thus people began to trust law.

 

To complete the redemption, on one hand to the negative image to show the elution of lawyers, lawyers righteousness duties on the other hand. Lawyers mined evidence completed the Li Zhuang image of the restructuring, a lot of people including Yang Xuelin, changed the original doubts over Li Zhuang. The main sponsor of Beihai lawyers the lawyer Zhou Ze told reporters, four lawyers were arrested in three there is no a survey evidence, but because the perjury was arrested, the obvious problem. For Chen Youxi, lawyers action helps "truth show", reducing the lawyers real image, thus "slowly lawyers lawyers should have righteousness, restore good habits."

 

Of course, the "truth" is only the first step on the road to redemption. The overall image Chinese lawyer image depends to some extent on the China justice; no good environment of rule of law, lawyer is difficult to comprehensive image. Chen Youxi has warned his colleagues, only work together to create a good environment for the rule of law, and finally to the liberation of China lawyer himself.

 

The lawyer occupation fate and the rule of law and social future together, this is the part of a lawyer occupation nature tends to the public.

 

Retreat rather than attacking

 

To achieve this goal, the lawyers themselves accurately positioning. Chen Youxi thinks, the lawyer must overcome two extreme mentality, "is a completely commercial, NIMBY, hang up, do not care about somebody else anyway, do not care about the people's livelihood; on the other hand, some lawyers very offbeat, rush out, do some rush into danger."

 

Unlike previous professional rights lawyer, the core members of these lawyers are lawyers for business, most accomplished in their respective business areas. "Our objective is not antagonistic, but according to the law, with legal staff to test. If you want to speak against it, it is just and the prosecution in court against." Si Weijiang said.

 

Indeed, this field around the court of law group battle, not to attack, but to retreat, retreat to the common rule of the bottom line. The bottom line is not only a lawyer's bottom line, but also the public power should adhere to the bottom line, is a line with the interests of the whole society.

 

The reasons for the success, lawyers said Si Weijiang, "is not a lawyer personal credit, but the entire judicial system, including system people can stick to the bottom line. This is beneficial to the judicial." In Chen Youxi's view, stick to the bottom line is possible, because "whether official, or folk, China has accumulated a solid foundation, so that the power of the Mustang, already could not act recklessly and care for nobody...... Li Zhuang case fully embodies the rise of emerging powers China society ruled by law."

 

In November 30th, Chongqing mayor Huang Qifan said in a speech at Peking University: "if the program is not justice, black may expand, problems may arise. What is justice? Procedural justice refers to its reasoning process to legal compliance, judicial separation of the three powers of independent operation." This represents a clear response system sends.

 

The bottom line is the bottom line, because people are willing to stick to. They stick to the bottom line, is to hold the bottom line for all people.

 

Lawyers double self-help action is inspiring and powerful. Not only let Chinese lawyers to see "the possibility of the bottom line for", also awakened the lawyers to unite in pursuit of justice and conscience of the occupation. If Li Zhuangan's lawyers and Beihai case lawyers and occupation community self-help nature, then Suzhou's "Changshu six youth case" lawyers and Guizhou "shehei case lawyers Li Qinghong" shows the pattern of lawyers public assistance extended to other cases field trend.

 

In 2011, a Chinese lawyers and law China self-help show officially opened......