Yang Xuelin lawyers in the Sohu interview said, "before the start of defense work as Li Zhuang in the absence of Li Zhuang, I is this: Li Zhuang may not be a bad lawyer, but certainly not a good lawyer. This is prior to this evaluation to him, but have the case I find words or so many words, but to become a saying: Li Zhuang is definitely not a bad lawyer, but he is a good lawyer. Why? Other do not say, we only Li Zhuang the Shanghai Office of Meng Ying case, he only received 50000 dollars, investigation and evidence collection of 45 copies of evidence of innocence, the 45 piece of evidence is not easy to copy, not just from the prosecution evidence was picked out, this is Li Zhuang personally to survey and the detailed record, evidence, Beijing and Shanghai met with Meng Yingda for the eight time. The mobilization of more than four witnesses to Shanghai to testify in court, said in court that is' in various ways, 'I can see the whole court records, other cases do not say first, in this case, is it not a good lawyer? I'm in the court also asked Li Zhuang, 'why'? He said 'for no reason, it'. 'you don't know the risks you'? 'there are risks have to do, since the client.' The answer that best lawyers is reported in the Great Hall of the people the answer, in Li Zhuang's idea should do, he thought the criminal defense lawyer investigation of evidence is not inconceivable, the case will not be able to do. I said, 'I said ashamed, because I had this idea, can not investigation and evidence collection is not investigation'. So, Li Zhuang, the lawyer, is not a need to alert lawyer, he is a role model of criminal defense lawyer, this is without a doubt." (seeHttp://news.sohu.com/20110503/n306749389.shtml)

   The above statement lawyer Yang, I don't agree with.

   To say that someone is a good lawyer, may have two meanings, one is the lawyer has high professional quality, strong ability of handling a case, two is focused on the character, said the lawyer is a good man. Lawyer Yang Xuelin Li Zhuang evaluation is a good lawyer, should be mainly from the professional ability, occupation spirit point of view? However, I'm Yang lawyers have different views, on the one hand, I don't think the venture is occupation quality of lawyers should be, this is the main difference between lawyers and explorer or a gambler; in addition, I think that a law is good, not only see the so-called business ability.

   To tell the truth, the lawyer Yang mentioned Shanghai Meng Ying case, my heart beat a question mark. Li Zhuang, Yang said the case "only 50000 dollars, investigation and evidence collection of 45 evidence of innocence, the 45 piece of evidence is not easy to copy, not just from the prosecution evidence was picked out, this is Li Zhuang himself had to take a detailed investigation, evidence records from Shanghai, Beijing meeting with Meng Yingda eight times". Li Zhuang lawyers practicing in Beijing, even if the Meng Ying case all the witnesses were in Shanghai, he is handling the case at least to commute between Beijing and Shanghai, so many times, I'm afraid even travel more than 50000 yuan? Therefore, a reasonable inference, should be Li Zhuang to party family charge other costs. He opened the Yibaijishiwan district attorney's fees in the case of Gong Gangmo (travel of course may contain estimated to occur.). Objectively speaking, the high charge so horrifying greatly damaged his in the mind of the public moral image, weaken the legitimacy of his actions. So I would suspect in the case of low fees reasonable Meng Ying, high input produced on him.

    Li Zhuang may have their own money, as the parties about forensics? I think not, and if so, that information early by lawyers and lawyers disclosed a si.

   Li Zhuang believes that the lawyers must survey evidence, and expressed willingness to take the risk, this is his personal choice. Now, the potential risk is transformed into a real risk, another lawyer can get what enlightenment from? Should learn from Li Zhuang, the future do case also let go self evidence, or the opposite?

   I think, Li Zhuang case once again proved, in the rules and practice of adverse circumstances, Chinese lawyers in the criminal defense "can not investigation and evidence collection is not investigation", is a more rational choice, in this regard, we should not lightly give negative. If the lawyer even can't protect himself, how to effectively protect the party?

   I admit, the so-called "defense lawyer criminal case should not be seeking testimony of witness" work principle, the truth is the be worldly-wise and play safe. It is a cowardly, rather it is a helpless.

   Li Zhuang twice indicted, the Chongqing police, prosecutors use legal weapons are article 306th of the criminal law. The law itself indicates that Chinese suffered in the criminal defense lawyers in the process, is the system of doubt. Because justice again how random processing evidence, evidence in criminal law at random, not with 306th identical or similar provisions to be punished, in judicial practice, even as She Xianglin, Nie Shubin such injustices and misjudged cases, people don't expect to see which was hosted a police officer or chief prosecutor because of improper or wrong admissible evidence evidence of criminal responsibility. But the criminal law has a big stick waited on lawyers. Whether from the legal or from the judicial practice, as long as the use of article 306th, it must mean the same person (or for the suspect, the defendant, or as a witness) facing the lawyer forensics for certificate, transcript content with this in front of the public security, procuratorate interrogation do serious discrepancy, and 306th of the criminal law a no doubt to the public authorities a great privilege, namely force set up as long as the public inspection record, is true, the only possible false, is the new record of counsel exerted undue influence on the object after the evidence. Is a lawyer to make people change the license for content.

   There is a phenomenon is also very strange, that is to change the testimony itself never prosecuted. Li Zhuang in the first season, even if Li Zhuang is guilty of the alleged criminal behavior to change myself, change (Gong steel) not so punished more severely, but may turn a lawyer and was similar to the lenient criminal.

   So, it is very dangerous for lawyers. Once the parties change, security is no problem, the prosecutor is always good, even he himself also not because it increases culpability, but changed after using evidence counsel, could face jail time. The risk of criminal defense, really can not be ignored.

   Everyone see that, Li Zhuang case second season has succeeded in overthrowing the accused, not by the testimony of witnesses, but audio-visual materials. If there is no recording, video recording, a testimony not only before and after Xu Lijun, Li Zhuangzhi crime, will only be more solid, and no off chance.

   This is the reason why I don't advocate lawyers to witness testimony record. Standing on the principle of rule of law is relatively high, the lawyer is not positive evidence may be regarded as not enough due diligence, but in China, at present, it is the survival of defense lawyers.

   Sure as a gun.

  (in May 7, 2011 as the thread starts in Yan on the forum, links toHttp://www.yantan.cc/bbs/redirect.php? Tid=105340&goto=lastpost#lastpost)