Method: Vice President and lawyer: an asymmetric warfare

Vice president and lawyer: an asymmetric war
This article from the French International Broadcasting Corporation (IRC) 5 22

According to its ownRadio France International: This is a review report, hereby to reprint. Rule of law in advanced countries experience shows that, although lawyers is a kind of folk strength, is supporting the pillar of society under the rule of law and judicial Equitable Building, an important support strength is the independence of the judiciary. As a legal member of the community of judges and prosecutors, occupation characteristics and independent status must respect the lawyer. Any damage to the legitimate rights of lawyers and, eventually will be like the clumsy torpedo striker, to attack each other, but blew up their own ship.

 

As Chinese mainland A-list financial media, "Economic Observer" is not too observant of conventional standards. to limit himself in the economic field, which in the industry is not a fresh thing. However, a short three thousand word article, has provoked a war activist lawyers and judicial bureaucracy. Although this war may not have a final "argument", but let people see, after 10 years of judicial reform, stress the relationship between judges and lawyers, and did not change fundamentally.


In May 19th, "economic observation network" is transmitted from the print article "court vice president 'pressure", briefly introduces the was in mid to late April "national court of first period (third) the relevant senior court vice president training class". It is this "net", the vice president of Supreme People's court, a judge Zhang Jun in the training class teaching content to reveal to the public, caused public attention, more aroused human rights lawyers group outrage.

In this section of the controversial words, judge Zhang Jun is intended to warn courts to comply with the procedural justice, but from the opposite side to find a scapegoat to prove, he thought. More cases, because the procedure is not fair, do not do that, then lead to speculation. Including some unfair situation for lawyers, so very few unscrupulous lawyer in court, sued the court, a serious violation of the trial order, released later, nobody believes the judge, who also don't believe in court, only believe those lawyers talk nonsense.


Another conversation, Zhang Jun complained about the court trial at the same time control ability, also using his corresponding measures, the requirements of these regulations. A lawsuit court behavior applicable penalty -- ‚ warning, not to forcibly take away from the. At the same time, he also explicitly recently occurred in the Guangxi Beihai, Jiangsu Changshu River District, Guiyang. A court event as an example. In other words, vice president of the Supreme People's court openly admitted rationality. Expulsion of lawyers in similar situations.


In this article three thousand word article, although the two mentioned the training content "is purely internal communication inconvenience rumored", but now it seems, is more like the "Economic Observer newspaper" plate with a cold joke about face. Also, in this be poker-faced emphasis, vice president Zhang Jun's remarks also looks more like Habla Mi Corazon. "Speculation", "no", "nonsense"... Face from all over the country more than two hundred vice president, vice president of the Supreme Court of heated rhetoric, let the audience "don't take yourself when a stranger" sense of belonging and dense willow trees and bright flowers style.


The vice president vice president judge to training, the point to point ‚ docking style, reflect exquisite absurd moment Chinese judicial bureaucracy system. Training class group discussion on how to be a good people indulge in elaborating on Chinese court vice president, lawyers can not lose the responsibility to the deputy. If you follow the same cards, there should be a "deputy attorney" to come forward to challenge. But unfortunately, in civil society me.but lawyers, not docking and the delicate system. Although Zhang Jun didn't call that "a few unscrupulous lawyer", but almost all the first-line activist lawyers, are positively identified appearance, have the same enemy and hatred expressed strong dissatisfaction over the "level of justice".


As Zhang Jun pointed out three "make court" in his speech, so as the first defendant Beihai case and Guiyang case counsel, attorney Yang Jinzhu has the most strong rebound, he claimed that Zhang Jun's remarks had violated her right of reputation, has said it will initiate infringement lawsuit. At the same time, Zhang Jun in 2010 for the Li Zhuang case, the Supreme Court endorsed in 2011 on behalf of the program "attention, support" Chongqing "Bo Xilai's crime crackdown" speech, Yang Jinzhu is also looking to rake up the past, once again, in the background of events in Chongqing, proving that this level of justice in the legal belief is not reliable.


Lawyer Pu Zhiqiang went further, fan Qihang case in Chongqing during the anti, as justice Zhang Jun seen proof behavior of torture to extract confessions video without as suspicious, roles, and directed Zhang Jun justice "fear thin little (Bo Xilai), afraid of him the small shoes".


Even at the stable known by his peers, dubbed the "royalist" Chen Youxi lawyer, also tactfully that Zhang Jun "on the Li Zhuang case, the case of Beihai, Guiyang the truth of the case is not completely understood, just listen to the court's internal report, can only see part of the video, it is improper language statement". From the famous Shanghai lawyer Si Weijiang no direct fire Zhang Jun, but availing himself several times were removed from the courtroom. Ask: "a lawyer Tribunal" can be taken away from the court, but if the court. With the wrong how? How to prevent the court abuse this power?


Similarly, Zhou Ze, Zhang Kai, Wu Lei, Chen Guangwu, Yang Xuelin, Ding Xikui, human rights lawyers also have expressed, against Zhang Jun's "lawyers make court theory", there are more lawyers to comment and forwarding messages, indirectly on Zhang Jun's remarks expressed concern.


 

Although the political logic in the Chinese under, "high temple" and "the far corners of the" not too many equal dialogue situations. But in the media under the impetus of this field, "vice president" and "positive law" war, showing asymmetry characteristics of multiple, is a field with highlights of the game.


In the court, vice president of the Supreme Court expressed support for showing, the future judicial management China inside a paragraph of period may tend to be strong hardening. The spirit of Zhang Jun's internal speech on the training class, perhaps through the minutes of meeting form, become rigid rules of court trial. Can be expected, in the next period of time, the lawyer for "disturbing the order" was expelled from the court case, will significantly increase. In this sense, "vice president" is a person, be a miser with words, but with the huge by the system.


 

But on the other hand, in the eyes of Zhang Jun "unscrupulous lawyer" will also brewing more forcefully. Human rights lawyers groups are not saints, they are in different extent was criticized for being too idealistic, politically radical, even some people fish for fame, misbehavior, but because of this group as a forerunner of constant struggle, the lawyer as an occupation community is increasingly clear image.

 

Lack of internal contradiction of this group, but in the face of high-rise "shame" from the court, lawyers have the same enemy and hatred is be obvious to people. By means of mass media especially the Internet new media, human rights lawyers to force together, with a rare in other sectors of courage, to the administrative level is much higher than the rulers they say "no".

Of course, vision will be amplified again some of view, Chinese law for twenty years, including the judge advocate, prosecutors and lawyers, "legal occupation community", now it seems not difficult, contrary to the power system operating under the Kinslayer sorrow. In this sense, this field is not the game, but also a civil war. There has been a lawyer issued a warning, the judges and lawyers fight, may eventually will cause destruction to both sides, while the victim is original not much, but the period of social transition and need of judicial authority.


The short term, the asymmetric warfare will continue along each clue, whether they will have a meeting point, is the most worthy of observation in the game. If Yang Jinzhu's promise, the Supreme Court a judge on the court, perhaps this "vice president" to "positive law" of the war, can become a milepost China legal process. If not true, this debate will be consolidating the basic disk lawyers opportunity. The lawyer "make court", perhaps no academic thought wig and gown, like elegant, but will become the national rule of law progress "intrinsic motivation barbarian growth".