On Chinese lawyer swallow humiliation and bear a heavy load

               (Beihai's defense lawyerPhotos from the network)
   Last night, the famous historian Mr. Yuan Weishi a message on my micro-blog: "China lawyer situation so difficult, is still in pre modern thought all above!" In this sentence, the situation Chinese lawyers and the reasons for the status quo.

Yesterday afternoon, the focus of "Guiyang Li Qinghong case" continue in the river court in143The court trial plant. While all the judges, prosecutors and defense lawyers to be absorbed in the trial, the court dressed in police uniforms "bailiff" suddenly came to defend seats, the lawyer Si Weijiang pen and electronic watches and clocks. The unusual move, has aroused strong repercussions defense lawyers. The lawyer Si Weijiang urged in accordance with the law, the court is actually "bailiff" move to conceal. Si Weijiang unbearable, to participate in protest. At the adjourned for an hour, take away the watch and pen has been returned, "bailiff" also apologized, saying is the leadership instruction. Si Weijiang lawyers to the trial run smoothly, in order to maximize the interests of the parties, said the "bailiff" forgive himself, and went on to the court. Swallow humiliation and bear a heavy load.

As we all know, perform their duties in the court bailiff, all of its actions to listen to the presiding judge command. I attended the hearing too many to count, have never seen the bailiff to dare to judge without any instruction, unauthorized rushed to defend seats to rob a lawyer. This kind of behavior, it is disrupting the order of the court, a little too much. So seriously disturb the order of action in court, only sorry it? It seems, the officers of the court than a judge must down. This makes me doubt the "bailiff" Is it right? Really "River Court bailiff". According to Zhu Mingyong, the lawyer micro-blog said, and he tried to see their work permits and take photos, results are them back. It was very afraid to expose the true identity.

We have reason to suspect, the main task of these "bailiff" exactly is to maintain the court order, or monitoring defense attorney? Since the last session once exclusive one camera to defend seats, when the defense lawyers to perform their duties in the courtroom, object to be monitored. Not only in the court, the court also is such. Such as outside the courtroom, digital foreign lawyers are uniformed and non uniformed pictures; in the hotel lobby, several unidentified men on duty by turns "reading the newspaper". What is more, some foreign law is the competent authority by telephone to recall, or simply sent to Guiyang "accompanied by return".

In such environment, as well as the court that the trial environment, at present also not be lifted commissioned by foreign lawyers, continue to adhere to the. To support their belief that, in the interests of the parties, China lawyers need to swallow humiliation and bear a heavy load.

Talk about the Beihai case here. In the course of handling the case, counsel, intimidation, harassment of insults, beatings,UpBamboo difficult book! Other do not say, light beaten, had three times. Once in the hotel, Chen Guangwu lawyer and lawyer Li Jinxing was playing in the middle of the night, Li Jinxing lawyer hospitalized; two is on guard, the victims and their families gathered people harassment, to meet with lawyers provocation, until chase, the lawyer tried to hide in the detention center, he was to lock the door shut out; three time is in front of the court, Xu Tianming's lawyer is hit the glasses fell on the ground. The three fight events are reported to the police, finally settle a matter by leaving it unsettled. Who is the hand that anyone can see behind the alarm, you have what use? Fang Ligang lawyer was the requirement "Tuoku security", and the public prosecutor in Court published insulting defenders of speech, have created the world. Continue to sit in such an environment, China lawyers if no exceptional swallow humiliation and bear a heavy load of spirit, is unthinkable.

Therefore, the Beihai case reflects the Chinese lawyers "five not" spirit, that is, to frighten away the fear, tired not inverted, cannot outlast, gas. The key is "gas immortal", this is China lawyer's unique spirit.

Speaking of "gas die", I think of a case I common defense and Zhou Ze's lawyer, we was on the point of death. The problem in the witness to appear in court. We apply to the court for more than a dozen witnesses to testify in court, but the judge even application all don't. No method, had to send by express. The trial, we notice a dozen witnesses to wait outside. Turn the defender proof, I request that the court witness to appear in court, witnesses in court waiting. The judge did not listen to the next program. We argue with the judge a pass, I gave. I said: "please let the witness appearing in court is the court's power, we obey. But the witness request, is the responsibility of a defender shall. I request that allowed me to fulfill this responsibility, I request all you want I will be obedient." The judge to see me this hand, don't refuse, agreed. So I started to read every single word or phrase to application, as is the clerk record. For one, the judge said: "the witness in the investigation stage has received the police inquiry, a record, do not appear in court." I read an application, the judge said: "the witness you lawyers have asked, also a record, do not have to appear in court." I thought you had me when, I also read an application. The judge said: "he did not accept the public security question, has not received the lawyer inquiry, that it is irrelevant to the case, it would not appear in court." Alas, I when on his!

Have a look, imposing the rules of the criminal procedure system of witness appearing in court, it is so simple to resolve. Needless to say that Zhou Ze and I was almost mad, that a dozen witnesses in court stood for two days, almost be mad. Those who study legal experts and professors, especially expert evidence law, the smell of this estimate should really be mad.

Lenovo to Guiyang case last session, downed four lawyers from the court, and in this on the eve of the trial, there is26Defense lawyers are not clear to lift the delegate, you can not angry? Lenovo to Li Zhuang case, the case of Beihai, Changshu, Guiyang case, dozens of lawyers do not charge a penny, dedicated to provide legal services for a client, it is the Supreme Court leaders denounced as "a family", "nonsense", "unscrupulous lawyer", you can not angry? Think of Li Zhuang, Yang Zaixin and other outstanding criminal defense lawyer, is just a really argue for the party, and no loss of occupation ethics with the movement, was arrested sentenced or detained, can you not angry? Also, provisions clearly the constitution, criminal law and criminal procedure law, law, law on the right, in a law committee, a public security department, a local government, even in a "bailiff" eyes, have become waste paper, you can not angry?

Angry, angry! However, as long as we continue to choose to be a criminal defense attorney this occupation, we should always put the interests of the parties in the first place. Whether we shall not receive money case, or for money case, or for the big money case, our ultimate aim is to safeguard the best interests of the parties. I'm not saying we want to safeguard national dignity of law, I do not say that we should promote the progress of justice, because I really not so high ideals and consciousness, I do not want to let themselves such a heavy responsibility. But to maintain the interests of the parties, is practicing our bottom line, is the minimum requirement. Therefore, as long as we don't be mad, we must swallow humiliation and bear a heavy load to move on.