On legitimacy of law Baotuan service

     The analysis method -- Perspective of science and society

At present, some of the judicial administrative organs and the public prosecutor, law department of the lawyer cross spontaneous group legal services antipathy, that this legal service mode increases the work of the judicial pressure case. The author thinks not to regard it as right, this way not only should be banned, but should be advocated, support, promotion, the main reason is: as everyone knows, the judicial organs of China for a long time the existence of a large number of the injustice, the public credibility of the judiciary is low, and in recent years there had been a downward trend. The internal quality of work which mainly from the judicial organ to find the reason, and should not blame the lawyer external auxiliary work. As for the judges ability is low, a tendency of the prosecution, the lawyer's right to defend illegal deprivation, weakening caused by lawyers make court problems should not simply blame the lawyer Baotuan service this way of working itself. Therefore, the author is trying to seek truth from facts attitude, stated the following reasons:

Since China's long-term planned economic management system, state management to administrative management, legal management is no exception, mainly by the judicial administrative management at all levels, in the past twenty years, according to the characteristics of the autonomy of the lawyer occupation, the Justice Department lawyers devolution of management authority, but did not achieve the lawyer profession autonomy, the lawyers' associations at all levels still belongs to the judicial administrative organs at all levels, the lawyer industry is still mainly in implementing the administrative management, law industry practice subject to administrative intervention, judicial administrative agencies throughout the country lawyer in the region of the practice has enjoyed considerable intervention rights lawyer, major sensitive cases need to be submitted for approval, it may mean the within the administrative area of lawyer practicing illegal intervention to administrative organ surface area and not reasonable relief, can use when the legitimate rights and interests of people facing serious violations. In the present this compartmentalization of the administrative management system, to ensure the legal rights of the parties are not illegally infringed, business cooperation between the lawyers across the region is very necessary, lawyer Baotuan service will emerge as the times require, rather than the interests of. Can foreknow, even if in the future the lawyer management reform, the administration of justice and the bar association peeled off completely, if the lawyer profession autonomy reform is not complete, the internal supervision mechanism is not perfect, no effective democratic management, lawyer autonomous appears likely to be "just a tiger mouth, and into the fire" The plight of the independent practice, lawyers or may fall. Even if the reform is completely, inter regional services can be used as a supplementary way lawyers association autonomy, beneficial and harmless, so, the lawyer cross regional Baotuan service necessity.

The current judicial situation of our country, the rampancy of corruption is an indisputable fact, these corrupt and evil forces rely on public power, wantonly trampling on the law, the formation of a variety of unspoken rule, destroyed the implementation of the law, seems to have formed local judicial separatist trend, the dictatorship of proletariat ideology is strong, the judicial idea stale, advancing with the judicial low skills the working style, reckless, dictatorial, contempt for human rights, suppressing civil rights, motionless on the capture of lawyers, the formation of the so-called "special judicial wonders". In the judicial environment, the region's lawyer participating in litigation activities, it is difficult to play the role of real balances. Particularly important sensitive cases corruption of public authority, the local lawyers can not get the local bar association's support, but there will be various obstruction of judicial administrative organs of local, local lawyer participating in litigation activities, the judicial organs may just take him as a compensate lining. Moreover, local lawyers also worry about lawsuits and their own interests at stake. If the lawyer the implementation of cross regional linkage, can avoid weak, overcome the various conflicts of interest, but also can take full advantage of the administrative area of public opinion against the black box operation tools, justice, to break the judicial separations of every hue, the maximum safeguard the legitimate rights and interests of the parties, the legal system to safeguard national unity, achieve a truly harmonious society the.

China is in a transition period, social contradictions emerge in an endless stream, major sensitive difficult cases is often the social contradictions, different classes, different interest groups of multidimensional index of whole or partial interests, it is a complicated phenomenon, only through litigation perspective, grasp the case details, to learn, the judicial authorities can make a reasonable judgment, the judicial authorities only with the help of the parties involved, to cognitive action event truth, nature and application of the law, and the party most only by professional lawyers service to achieve, which often requires lawyers to have wide Bo knowledge, special skills, scientific working methods, rich life experience...... The essential procedure quality is not the region many lawyers have, it is necessary to use other areas outside lawyers partners to achieve. And the major problems of sensitive cases media focus, extensive public opinion, public opinion is active. Different regional lawyers to participate in, can be from different class, different interests, different regions, different legal culture background fully explained, in-depth exchanges, to reach a consensus, the court, the realization of judicial creation of public policy function, which in turn may not rely on different areas of cooperation to achieve a lawyer.

Now more important is: the rule of law have been to our social consensus, our future law form regardless of what type of new liberalism, socialism or, too, but in common they are advocated freedom, equality, human rights protection, against the privileged, this can not change the law, indicates that the process of the rule of law is actually Chinese China people to really be in power, process against various fue privilege forces, but no sound in the silent, not the smoke of war, a lawyer at the forefront, in the face of powerful interest groups, even if the will to reform, is often the decree to out of Zhongnanhai, to the lower nature is not spring crossing the Yumen Pass. The lawyer only Baotuan service form the social union strong, through the interest group manufacturing "countermeasures, all have a way of" illegal barriers, and benign interaction of Zhongnanhai top maximally, the right to the people, to complete the transformation of governance mode, realizing national strategy, it may be a variety of foul force and dry cleaning!