The rule of law and lawyers Chinese towards the future (Chen Youxi)

   Shenzhen real estate lawyer Zhou Ke (free consulting Tel: 15818680182),Graduated from Peking University, bachelor's degree, the Guangdong Guoxin law firm lawyers (certificate number: lawyers, 14403200810500550) years as the Central Plains and other large real estate corporate legal counsel, amounted to billions of yuan for review, the subject of the contract, handle cases of disputes real estate contract hundreds, many property dispute case by Southern Metropolis Daily, newspaper and other media reports. Guangdong Guoxin Law Institute is a national large law firm lawyers, the existing more than 200, office area of more than 4000 square meters, is one of the largest local lawyers in Shenzhen, in Shanghai, Tianjin, city of Beijing, Guangzhou has set up a branch, Hongkong overseas branch already in preparation, in 2009 the national lawyers comprehensive strength rank ninth. Guoxin law the spirit of specialization, branding, internationalization of the purpose, to provide the most professional service for you.

 

 

The three sentence description Chinese lawyer environment

                

I'd like to quote three poem, to describe my feeling.

The first sentence, "makeup" Dimei asked her husband, thrushes shades into without". Why do you say that? I listened to Professor Chen Ruihua yesterday, listened to Professor Gu Yongzhong, listen to the lawyer Li Xiaolin keynote speech, about in this criminal defense environment, how to do China lawyer? Basically it means, to be able to figure out what we now court mentality, now's state of mind, how to adapt to him, to meet him. No wonder. We couldn't ask for a society to my personal, we only have to adapt to the society. For Chinese lawyers, we can not expect after China legal environment to be very good, to adapt to our lawyer's request, but our lawyer how to adapt to the environment. To adapt to this court, the public security, such procuratorial, such a commission for Discipline inspection. I think yesterday experts point of view, there are some very very good. Such as the operation of things, remind all lawyers should pay attention to things, including to plead guilty and innocent defense strategy method choice, how to do well the sentencing defense plea of guilty. However, a lot of points, are trying to figure out. In order to maximize the interests of the parties, some principles should be adhered to also do not adhere to the. This reflects a kind of attitude of our criminal defense industry, a kind of helpless, a want to adapt, a want to cater to. Some are clearly not guilty plea cases, seek truth from facts result is not good, only the guilty plea, lighter argue, how to achieve the maximum benefit. So is "makeup" Dimei asked her husband, thrushes shades into no ", I the bride married into your home, my parents love me? I like this makeup look? You like it or not? Such a mentality, the mentality of small daughter-in-law. The first kind of circumstance that is China criminal lawyer.

Second poem, "where the cloud Wang Jia Qinling Mountains, xueyonglanguan is not before the horse". The judicial reform Chinese, now the whole criminal defense environment, people feel a kind of resistance, do not know where to go. Not only lawyers have such a sense of crisis, in fact the whole of our law, Professor, journalism is such a view, the legal system in the back. Basically in the legal circle is a consensus. Anterior more difficult, frozen snow. The poor horse judicial reform is not always red in the past. There are many reasons, I wait for the next show began. This time, we can also see my academic online has released the lecture outline.

The third sentence, is my state of mind: "asked him what so clear, as has the springhead". My expectation, whatever how difficult, we still have to walk, or to introduce new ideas, the legal construction of the country always confident, for the judicial reform, our criminal defense environment, and provide a new source of, let our justice, to more rational.

 

The living water of judicial reform in where?

 

Today I want to say, is to live where is the water? My topic is the judicial reform, some new ideas. Yesterday's leadership, level is very high, the Supreme Court, the Supreme People's Procuratorate, is the brains, they are considered the state affairs, and is the most authoritative, have the right to speak, they are well aware of our national conditions, for us to understand the theoretical circles, circles puzzled understanding, so it should be said is a macro content. But, I want to talk about today, may be more questions. I'm not how high status, or my academic level is high, I was just an ordinary law has no power, but I deeply feel, we China now, if completely by the framework of ideas now, the judicial reform may also do not have method of substantive breakthrough. We have some people know what I went through, I did the police, spent two years in the public security department, made the assistant secretary of the provincial Party committee politics and Law Committee side, did some work Commission of politics and law, and at the same time, to the high court for 8 years as secretary and judges, so have some understanding of the public security organs. Since the senior judge class back, when the law, legal department responsible person, resign from the full-time lawyer. This is my own life choices, another road to walk past, within the system, and I have a lot of comparison and reflection. So some of the right to speak.

 

Within the system of scholars and grass-roots scholars

 

Three years ago, on behalf of the Zhejiang provincial law society, wrote a relatively deep report, some problems China judicial reform, specialized to report Chinese law, quote of the commissar, think some of my ideas is worth reference. My "reform era" of law and order book, press out of three papers, one of them is this report, there is a review about the Party Central Commission for Discipline Inspection of the problem instead of judicial investigation. There are many both inside and outside the common system of thinking. Although I am not in the hall now, in the wild, wild, our traditional intellectuals, where high temple is concerned about the people, the far field is concerned about the king, the king, now refers to the affairs of the state, not the king. We as ordinary people, no job, no support in the provincial Party committee, the original work, the core data can see, now that we can't. Some professors to a scholar, including Peking University, Tsinghua University professor of attachment to the procuratorate and the court's identity, they can also get some, Chinese ordinary scholars often even the data also are not taken, no convincing research. Because they don't understand the situation inside, data often hearsay. So sometimes we on high, high experts and scholars to have a fear, do not like college cuss, on the web this wrong, the wrong, in fact they are some words can not say, it is much more than we know. Recent events in Yueqing, I accepted an interview with Nandu, said the analysis of some neutral, individual Internet users say I is the official asked. To help the public security, to help the government, so to judge me. I just support the official organization further check identification. But the netizen feeling had to listen to a voice of reason. In fact, some of our system of authoritative experts and scholars, it is necessary to have a fear, their information than we know, every day can see the internal elements, dynamic know national social security, we generally scholars often asymmetric information, do not understand the situation. So I will treasure this opportunity, yesterday down-to-earth listening to the day.

 

The construction of harmonious society is the official consensus

 

Below, I began to tell my project, "China criminal defense under the background of harmonious justice".

The first problem, harmonious justice and China criminal defense environment. Yesterday I had in my academic published online today's speech outline, easy to understand. Because Congress had not issued paper. The netizen saw Liu said, why must hang a "harmonious" two words? Is it right? Easy?

The economy of our country has made great achievement, many areas of the economy of our achievement has no one dares deny us, the international community is sure to us. The world economy we became the second, some said in 2050 or 2020 economy will total more than USA became the first. Of course, we are still very low per capita income, or lower level. Our achievements in economic field, from their own history than, than their own, have made great achievements, can prove Chinese reform is successful. Deng Xiaoping established in 1978, we abandon the original road economic model, market economy is correct. However, because our economic reform progress, political reform has not started, there are all kinds of fear, afraid, afraid of open mind loose bring political turmoil in the state, so the General Secretary Hu Jintao proposed the theory of harmonious society, I feel very meaningful. This harmony is not only to strengthen and improve the rule, this harmony is to peace, more important is expected to let people have the stability, stable life. A Song Ming Xiaoling hill "sheep" said: "with such as poly, the waves such as anger, difficult situation of Tongguan Road, West Point, will hesitate. Sad Qin and Han Dynasties for the Imperial Palace, 000 all turned to dust. Xing, people suffering; death, suffering people." The unrest, old people is not good. An official passport, money, take, great disorder under heaven, has been abroad, a fly away, really great disorder under heaven, the two fight, warlords, as cannon fodder for parties, are ordinary people. So we don't want them, so to talk about a harmonious society. This is not only to the interests of the ruling class, but also to the interests of ordinary people, so the "harmonious" consensus is there. The key is to use what way to realize the harmonious.

 

Judicial reform to implement the rule of law

 

Under such a concept, we consider the thought of administering a country. Why is our country economic prosperity, people's life is so rich, why is there so much of social discontent and conflict, why? Inside this, is walking on two legs, one leg is very long, a leg is very short, so the walk is lame, the state always unstable. The problem is the reform of the economic system and political system reform of our has been seriously out of line, seriously disproportionate, judicial system as a part of the political system, but also have the same economic basis of severe does not adapt, control social justice functions have been weakened, dimension stability on high pressure, by police and administrative power, has entered a more dimensional more the instability of the state, social lesion syndrome has general outbreak.

We as a rational intellectuals, we as a legal person, we should state anxiety and consider. So we are now issued a "rule of retrogression" worry and cry, is not only about the policy of the party, we are for the state anxiety. Our country is more advanced, more open economic system and political system better, more backward, more conservative is better, something bad will happen sooner or later, the country is no hope. We take the high dimensional simple, steady way now, finally paid a heavy price. A lot of people from inside the system, the future would be the first to pay the price. Because throughout history, once the great disorder under heaven, who is the first bad luck, the second unfortunate is the bourgeois, property will be divided, one was killed, possibly 10000000 property 2000000 and no one should be in a complete mess, the yuan may lose their value. All of these will make you pay a heavy price. Chinese establish a stable society, the rule of law society, I always want to see the positive side of the. Many people say I am "royalists", blindly optimistic, are like this now is still good. They said the "emperor" of course not the emperor, China "emperor" has gone for ever, but China "emperor consciousness" is everywhere, including the old people still hope to have the emperor, there are Ming Jun, have honest, good kneel. But I always had the country will faith in progress, we have hope, senior politicians are awake, "people's Daily", Xinhua news agency, a reference, the Ministry of public security has to offer, they see every day, than we know. Now about the legal system, there is a mix of optimism and pessimism view, is to look at the view or from the individual to see from the overall situation. Sometimes one or two case would have been infinitely magnified, like the Yueqing event, it is so big, what is the traffic accident case was murdered? Now become a multi period prolonged does not cease network events, 1300000000 people nationwide, so many traffic accidents, so many murders, why is everyone to pay attention to this one? Because it embodied a credibility crisis, the public has not to be trusted, people want independence to make their own judgement. The network society has some information is deformed, some are exaggerated, because there are some deep-seated problems, a kind of social and emotional resonance. Look at the social problems of optimism or pessimism, social problems? I feel always with a positive perspective, legal environment Chinese, China political environment. Especially the eighteen later, will be conducive to the legal system development, believe that the new leadership will have a new idea. Yesterday I heard weeks vice president said, this year the central government will announce the socialist legal system has been basically completed, the Supreme Court to declare the socialist judicial system has been basically completed. I understand that this is a general summary of the 30 years of reform and opening up China legal category, there is a replacement in eighteen before, when General Secretary Hu Jintao took office, said managing state affairs according to law, building a socialist country ruled by law has been written into the "constitution", should have an account. However, this basically is the legislative level. The problem Chinese practice, even more arduous task.

 

Lawyers should be pessimistic or optimistic

 

Chinese now lawyers need not pessimistic. We are recovering from a more than 2000 lawyers, the last century 80's restoration of the lawyer system, now 30 years, there have been 170000 lawyers, each month a new lawyer to join, the force is very large. From the documents of the Central Committee on strengthening and improving the work of lawyers opinion, current situation of the central has begun to pay attention to the lawyer industry. The file content is very rich, can have a variety of interpretation.

This file is now facing, is Chinese characteristics. Study on the layout China lawyers file, even China lawyers can not see, can not see, only let Justice Bureau, also played a secret level, ridiculous. When the vice president, President of lawyers to see the file, all I see is a copy. Our country is now the political management have some idea of how bad, not much is required to be kept secret, is to make a mystery. Don't put the lawyer as dissidents, lawyer's file, the lawyer cannot see, there is this necessary? The file back to the overall train of thought, I think it's a positive. Many lawyers understand, this document is to crunch lawyer lawyer, rectification, control law. But I understand three words, there are two is advantageous to lawyer.

A sentence is "concerned about lawyer living conditions". The central never specifically for lawyers issued a document, there are five member of the Standing Committee of the Political Bureau of the Central Committee's instructions, this is some, but never formally issued a document. The China lawyer living conditions, the central began to understand, attention, thanks to the Department of justice to the Central Committee report.

The second sentence, "attached great importance to the protection of the rights and interests of" lawyers, there are a lot of contents in the central file. For example, some of the lawyers' rights, legal rights, political rights, economic environment and care for lawyers, other recent measures have been put forward in the government purchase law service, the government budget is the piece, the government won't let you free as a consultant, to pay, the government budget to buy legal service fee, which is a the concept is important, and law environment, a policy environment, an economic environment, economic environment including legal tax, like this year we Beijing Heng Law Group, about 4700000 of the tax law, the lawyer is inside, the only country won't give the money, but also pay a heavy tax industry, if the central really pay attention to, let us go intermediary service industry development, give you the refund offset, give you return, will strongly support the development of lawyer industry. Unable to complete as self-employed lawyers, because lawyers as socialist legal workers, he also has a social function, the function of maintaining social stability, is not only the individual industrial and commercial households in order to make money, the social function of this group is not the same. The lawyer is an important part of the legal community, is a force to the governance of the country. Chinese lawyer from state to private, private partnership self-employed from the official legal advisory office, and now want to re incorporated into the management of official system, the central government has put us into the legal workers of socialism, but the state of the industry does not subsidize one, then minimize tax burden? Now the average tax burden is 15%, 1000000 earned 150000 countries take, can you turn 7.5? China lawyer living environment, the central principle had been in focus, the next step will be a how to carry out, carry out a problem.

There is also a lawyer, is the problem of political participation. Central file has been clear from lawyers choosing qualified judges, prosecutors. Future NPC deputies, CPPCC members, lawyers to join the party, test the prosecutor, judge examination, this is a road that must walk, anyone can not stop. We encourage young lawyer to join the party, you need to enter the system, the success of the management mode of learning party, entered the judicial mechanism governing the country. The lawyer industry to become the cradle of national judicial officer. We Heng by Beijing in recent years, admitted to the prosecutor three, take two into a judge, pass 5 provincial government sent WTO to USA, Belgian public training, a start-up that is political participation within the system of lawyer. With the current requirements are consistent with the. Trend eighteen later in the future, will certainly produce politicians in the lawyers, lawyers which produce good judges and prosecutors, not only see the feeling now, we must be able to move forward, the blue pass will rush past, someday. Because this is the common law of human society, civil society cannot do without the legal person governance.

 In third words, "is to strengthen the legal system management". This can be viewed from two aspects. Good necessary side, a bad a misunderstanding.

From the bad side, officials felt in recent years China lawyers more disobedient, there are a lot of sensitive cases, Party committees and governments say hello, do you want to join, but also to the tube, still agent mass with the music, so that the lawyer's rebellion, is public power of the enemy, not his governance. Not to be. Want to develop into "tame tool bar". For this point, I have a different opinion. I think a lawyer is the legal framework, the only standing on the opposite side of the public power, restricting judicial tyranny, to prevent the abuse of public power, supervision of miscarriages of justice, an important legal force to maintain the basic civil rights. Some senior figures do not know, the lawyers trained obedient tool, will kill the lawyer industry fundamentally. Contrary to the fundamental purpose and establishment of law system of human. The lawyer to challenge the public power is inevitable, this is another point of loyalty, for the good of the country, for our whole party, for our whole power, not to our Party constitute what threat, is to make the social contradiction with the physical release. The legal way, let the people to seek justice in an open and fair on the court, is from another angle to maintain the regime. So we say the lawyer management system, there are some incorrect thinking, not always assured of a lawyer. Lawyers believe that a force China folk strength rise the most dangerous, because he can put the group together, all the messy way, agent behavior through a lawyer, condensed into a legal point of view, very powerful, so some rulers, US politician, feel the most hated. Is a lawyer, so always wary of lawyers, lawyers don't know people irrational situation into a rational behavior, brought to court, the court to settle, this is the best way to national stability, the non rational back to rational people.

Look on the bright side, Chinese lawyers do need management. There are many bad customs, there are a lot of an evil member of the herd. Each session, the lawyer's advice and criticism, not less than other social groups. The central document issued to strengthen the management, the survival of the fittest for lawyers, is absolutely necessary. China lawyers need to strengthen management, welcome for us to strengthen the Management Bureau of justice. For indeed lawyers have an evil member of the herd. Beijing has a lawyer, a Wenzhou boss told me that he was cheated out of 22000000, 2000000, 20000000 card, then shut off, again also could not find. I saw the lawyer to the boss's "Supreme Court adjustable dragged into the letter", a cemetery case of appeal, the high court of Shanghai said the Supreme Court ordered a retrial. I see is a fake. The Supreme Court's seal forgery so big, it is the Supreme People's Court of the people's Republic of China head sign, the following is the people's Republic of China, the Supreme People's court certiorari letter, without studying the case, I would tell him cheated. He said that there is a law of contract, how can deceive me? I said to the Shanghai High Court certiorari, not foreign, not write of the people's Republic of China, and to write two times, I've seen the seal the Supreme Court, this print than he was 1/3, this print is false, he said that how to do? I ask him to return the money, the Supreme Court also forged seal, still cheat you about 20000000, you will immediately report on him. He said I don't report this case report, I also finished, I find the general staff, General Staff Department friend introduced me to this lawyer. I said that to you, will be 20000000. He said that I had no money, the case they do not help me back, I have no money. Our team is not an evil member of the herd, Beijing more than 2 lawyers, the most excellent, the most horizontal concentrated in the Beijing, a lawyer under the banner of kite is in Beijing, so how can these people no matter? Whether it will only make the law more and more. Therefore, strengthen the system management of lawyers, not entirely negative interpretation, the lawyer is independent and free, easy to loose. Strengthening management is advantageous, when Vice President according to my experience in Hangzhou, the vast majority of judicial administration management is right, necessary, only some may be out of control and political factors, may not be appropriate, we can reject?

Therefore, the central document of three words, I read, two favorable living conditions, pay attention to the protection of the rights and interests of lawyers, lawyers in our favor, third, strengthening the system management, half favorable, unfavorable to half, central files also need to be read positive, thanks to the central importance to our lawyer career.

 

Chinese lawyer never like this concern

 

The community has never been so concerned about Chinese lawyer. In 2010 the number of media reports the lawyers and lawyers in dense event? The entrepreneur is more and more valued our, I went to Guangzhou for Guangdong business elite club lecture, forty entrepreneurs attended are of considerable strength, how private enterprises, how to protect the legal China Chinese lawyer industry protection in the development of the private economy, are very concerned about the. They are very aware of China legal environment, development situation. So many experts and professors in academia, we also call. Some members of CPPCC, NPC, although many have not publicly, but to our lawyer industry environment is concerned, from the macro level of national legal system on. As the Li Zhuang case, they all understand, but we have informed the Ministry of justice, they are not opposite position, but the truth has been completely clear. In addition to our overseas are also very concerned about the. I went to Japan last year, went to England, I heard that, some media to interview me. Foreign media, I more cautious, and some of the more sensitive media, not interview. Only accept Singapore "Singapore United Morning Post" interview, the reporter is in the mainland, has made a great impact reports, "I was Chinese defending" legal system, positive good side Chinese law environment, greater than the negative side. Do not accept the interview, I am not conservative, is the home of the environment does not allow. Foreign influence a large, easy to become sensitive character. Overseas interview, reporters not to let you review, will give you the report came out, there is no way to control, how to say no to domestic, overseas, will become an international issue, may become the object to be examined, so be very careful.

 

China law environment on both sides of

 

   Through the media, the official and the folk China began to understand our China lawyers real living conditions, the environment has improved. In my case, the Justice Department informed the Li Zhuang case, the first half of 2010 is the folk media praised me, I observe carefully the official. The most typical is the Guangdong "times weekly" in December I times, 100 times the impact process China public intellectuals, ten lawyers, I was named "era character". Hongkong "Asian weekly" me and Japanese Prime Minister Naoto Kan to do a cover. This is the first half of the year, folk sure I, official not sure I. The second half of the year is not the same, after a year of observations, "the people's court in December 27th reported" big layout report we ACLA Constitution Rights Commission, focused on reports of my evaluation of the meeting of experts, "Li Zhuang inside, West up", I assume, character, talented, this evaluation is very high, I really can not afford. The Supreme Court Chinese lawyer positive evaluation organ like a sensitive events, there is No. Gao Zicheng lawyer with me. Li Zhuang was the Supreme Court as the first case of the 2010 annual national court ten famous case. Then three days later, "Chinese lawyer" magazine and "Chinese lawyer", the top 12 China lawyer news, I was first. These are the official media. Of course Zhejiang province official comment on my model of Party member, outstanding contributions to the lawyer, "City Express" named the "person of the year" and other honorary. I'm not pleased with oneself. For me, since forty years ago decided to resign from the provincial authorities, these have been watching too light. I see these signs, in Chinese lawyer industry perspective to observe the survival environment. That is to say, the beginning of the second half, the official media are sure I, the first half of the year is the official folk, one year of observation, thought that Chen Youxi will not be a problem, the people still listen to the party. Things are a good starting point. This shows that, as long as we sincerely service for the people, for the country, legal advice to remind, the channel is smooth, dialogue. No shortage of bright white our system.

So I think Chinese law environment two observation. China lawyer as a independent power has begun to show the role of private entrepreneurs, to really pay attention to function of lawyers, especially now that some network events, truly authoritative reviews, not a professor, scholar, but a lawyer. Lawyers are practical things, we have some comments on the view of the degree of social concern has more than scholars, so many private enterprises, the government's large state-owned enterprises, "three big" enterprises, the State Council explicitly required large enterprises must ask a lawyer, to set up the chief legal counsel, legal services lawyers to purchase, the government listed budget to purchase services. Like yesterday "two high" experts say, every new laws and interpretations, are creating opportunities for lawyers, provides a new stage play. Like the rules of evidence, sentencing suggestion, provides new many lawyers service industry. Including the "company law", "bankruptcy law" judicial interpretation, for lawyers to carry out new business, and provide a new field. Previously listed business is very high, is now the bankruptcy reorganization business space is very large. A bankruptcy reorganization case we do, involving debt 3400000000, run for nearly two years, the success of the reorganization, the danger for the government enterprise solutions, lawyer's benefits are also considerable. The business enterprise listed, 1000 listed a home business, bankruptcy liquidation, 100 enterprises in 100 home to liquidation, because according to "company law" can not explain the liquidation shareholders will have joint and several liability, the Supreme Court three bankruptcy law interpretation, to the law brings the very big business space. A lot of opportunities is the National People's Congress legislation, government legislation to provide us with.

 

Criminal lawyer living environment is not a gloomy

 

There is a criminal lawyer is a darkness? Nor, our lawyer living environment had some improvement. The lawyer's right, like Shanghai, like Zhejiang, there are some places to implement, does not need to accompany. Marking the right, we Hangzhou people's Procuratorate, go to have a letter of introduction, prosecutors also did not see, let you look at. The witness, the witness has the police. The reform of sentencing, sentencing more transparent, limit the discretion of the judge, we will be more targeted defense. Including criminal judicial mediation, active law more. Lawyers to participate in political affairs, now the National Lawyers NPC deputies, CPPCC members have more than 20, of course, these are not lawyers constituency up, all democratic parties, the Chinese people's Political Consultative Conference, lawyer speak, absorbed in, into the legal committee, the National People's Congress, not the Communist Party. The constituency is not a lawyer, in the Democratic constituency, delegates left within the system. I predict that the next will be different, eighteen, according to the central spirit now file, lawyers to participate in political affairs more open the door. There are national large enterprise legal advisor system, also opens the door for a lawyer to return to the system. Beijing has a PhD lawyer, was admitted to the provincial construction group as chief counsel, a year salary of hundreds of thousands, enjoy the side hall treatment. I say you no ambition, a successful Beijing lawyer in millions of years, to the hundreds of thousands of, why, he said that stability, post, and a deputy department treatment, this man very much political treatment. Now our government for lawyers recruit, recruit judges, prosecutors, in various fields have. Therefore, lawyers for the dialogue and cooperation, promote the social construction of democracy and legal system, it is possible to. The lawyer is not a tool, not the enemy, lawyers are not angels, nor the devil. Can play some positive role.

 

China now Weiwen thought out of the question

 

The third problem, harmonious justice: political standard and legal standard. We maintain national stability, there is a way. Without subtle, I think now dimension of the problem of the basic ideas. Always choose high, shielding, online ShanTie, limit the people's court, hostile to lawyers, to suppress the lawyer, the use of administrative means to persuade all. The basic idea, is to play down the national judicial role, strengthen administrative rights, hope that through the administrative power over the people. The court is subject to the party, subject to administrative power to do a follow-up procedures for the "legalization" maid. This idea is totally wrong, only the more pressure is not.

The current Chinese lawyer bad living environment, is directly related to the maintenance of stability as we are thinking. Because in one does not need the court, need not the judicial environment, the lawyer is obsolete. You should put the contradiction to him, make every attempt to get him on the court, the government is very hate you, squeeze you.

Stability of a problem, it will cause very serious consequences. Let us look at the map. Administrative pressure due to inaccurate, lawyers, a lot of people looking for the executive power, and power man. Administrative injustice, petition, looking for honest, find Wen Jiabao Premier, Sichuan Xiong Deming woman as husband of 2200 dollars wages, lawsuit a penny don't see, prime minister to a word, the second day early in the morning, the county Party secretary took 2000 multivariate money. In this case, typically, China grass-roots political power is of no use, China court is of no use, China lawyer is of no use, only the power relationship between useful, useful. Meet someone who is all settled. So we all hope to see people, see the official, see have the right people, so they have to appeal, to go to Beijing to see people, looking for honest. So the farm women became adults you know Hero: Premier Wen, you help me. She carried a pack on his back to Zhejiang Wenzhou Taoxin to no culture, not the law, are more popular than the lawyer. This is the rule of man's social best diorama. Finally, no one to ignore her, and went back, this is the status quo Chinese legal. China have so many so many lawyers, legal workers, there are so many court judicial case, let a illiterate rural women provinces do adults for legal workers wages, where is the reason? Because the local court, lawyers are invalid, not the prime minister, 2200 dollars is not holding back, Prime Minister of a word is more useful than a lawsuit in a year.

A drop of water and see the sun, from a small case can see, we Chinese now the environment is to believe in the power of Ming Jun, believe, believe that honest, do not believe that the legal system. No use for court, lawyers. I play what the lawsuit, I find what the lawyer, I spend what legal fees, I am going to appeal, I definitely want to see Premier wen. The prime minister the word lawyer don't please, money is not, nor a law court, also do not play, second days to get the money, good! All the office, the Bureau for letters and calls, line up every day, many people a number does not, why? Leading home phone, 50 yuan one, address, 100 pieces of one, sold to the petitioners, you can go to. Looking for honest this way. Not the people stupid, not the people willing to kneel down, but you, because you all over the country to the court, lawyers, judges across the country, all over the country set aside, many cases were not in, don't let the lawyer to lawyer intervene, "politics" to the government, the government court say exactly the same thing, the court did not listen the law, just listen to the power, I had to find more power. A lot of case court heard the government's court, I find no use ah! Let people feel as long as a prime minister, can solve the problem, it is non rational state, the state will have to practice rule.

Our roadmap stability is such. The petition, the start of the Olympic Games, National Day, NPC and CPPCC, let the Tiananmen no tomorrow, must get back to the Beijing Public Security Bureau, pressure, so the responsibility system, in the State Bureau for letters and calls of pressing tasks, Provincial Department of public security, procuratorate, government, petition the Secretary also come, come back to, which have so much time to ah, so directly "advised" sent back, the shunt. Too many people, finally "liberating" variable "interceptors". The interceptors cadres stay Beijing also not ah, Beijing consumption is so high, the cost is too big, we always live in Beijing, don't have that much money, so they have greatly small "the Anyuanding" company. Raise a number of security for the interceptors. Close the petitioners, became a prison. Can't give you a white, white. Send a person to give me ten thousand dollars, much off day received more than 500 dollars, the people here, more than a few days, after the Olympic Games, NPC and CPPCC before the end of discharge. Otherwise you today sent back, he attends Beijing again tomorrow. I have to get him back into the tens of thousands of. So the stability maintenance funding over the defense budget, how come? Taxpayers' money in such flowers. At the end of exposure, there is no way to check, because the background is the public authority to let him do so, check the person's own responsibility, slap back, how? If you pull into the court, shake out all the insider, "An Yuanding" said let me state machine is so dry, our national image have good? Therefore, the petition must cause the interceptors, the people would beg, beg not then jump off building, self Immolation, there is no use self Immolation, cold-blooded says you deserve it, you get burnt and anti violence law, catch up, cut back on the train, the people do not self Immolation, would not kneel down, I kill you. Said self Immolation useless beg, no use, life all don't, what have I to fear? I'm making event, kill kill kindergarten children, pupils, so the road map. Then is the explosion of the tax bureau, and then shot kill police, judges, fire station. This is normal, legal, rational channels blocked, the court road blocked, the inevitable result. Our whole social contradictions not legally vent, from these aspects go. So, in the past few years we have why violence? Group events so much? Such a serious matter, high-level also not aware of, also don't know where exactly is the problem, not enough thought police, armed police force is not strong, is not cruel, thought is the attorney rights dimension of the unstable. This is the thought of administering a country very stupid. People brought to court, let him have a rational outlet, the court for justice, our country can be stable, can the harmonious.

 

The "three first" are identical in many cases

Conflict must adhere to the "supremacy of law"

 

Now many of our law circles, is the three highest problem. I think the law is now a bit over react. This "three first", all the criticism, I think is wrong. I think three is very reasonable, and there's a reason. The party's cause first, the people's interests first, the constitutional law, this is the 2007 December General Secretary Hu Jintao said, three is not wrong, is justified. Indeed, the "constitution" China written into the party's leadership, of course you want for the service of the party, the interests of the people, our party building is to serve the people as our founding purpose. Constitution supremacy of law, we should adhere to the law enforcement agencies of law standard, must the supremacy of law. The party's interests, the interests of the people, fairness and justice in the legal principle, in fact, in many cases is completely consistent, can be "first", this is no contradiction in legal logic, not either this or that. Therefore, as the state machine of the judiciary, adhere to the "three first" is not wrong. According to my observation, processing more than 95% legal cases, legal value judgment, three supreme interests can be reconciled. The party also hope that the interests of the people, the people want you to act in accordance with the law, the three supreme is consistent.

The problem is in real life, a lot of judicial personnel is not three first, but the "supremacy of the party's cause" vulgar, became the supreme power, became the only right is the legal principles, castration, bending the law to please the public power. This person is not on the three first, but his "official post first fawn on, first, their own personal interests". The contradiction between power and law is extreme, three first internal conflict arises. In this case, conflict probably only about 5%. Of course, not be what mean quantitative analysis of such precise,? For example, a secretary of a provincial Party committee instructions here, people have trouble, the law and put in where, three kinds of value judgement produced inconsistent, time conflict, I listen to the who? Listen to the provincial Party committee secretary of the instructions or listen to the legal principles have legislation? This time we must adhere to the principle of the supremacy of law, which is the key. After the conflict, can't close my eyes blind. China situation is, in most cases the court we will listen to the provincial Party committee secretary. Will follow his advice, meaning no matter people, regardless of legal principles, I'll go blind sentenced, submit to authority, because my time is from him. I am not obedient position is gone, still speak what adhere to the principles of law? A lot of Chinese court now to do so, as long as the leadership, you black and white, is sentenced, this is the biggest problem, a lot of miscarriages of justice, a lot of people explain events, are not according to law and according to the right mess.

Three first conflict, essence is the conflict of supreme power and supremacy of law, rule or the rule of conflict. These two conflicts are often the occurrence, is refers to the intervention. About 5% of them, the judge how to judge. We this time, must establish the concept of supremacy of law, we must have the courage to "disobedience", but fight the black gauze, even "to law enforcement".

The problem is in a "officer by professors, layer upon layer culture" system, deterioration of choice for more than half a century, those who obey only obedient, is likely to climb high, a man of character when not president, Dean, upright and outspoken judge, had been thrust out, sacrifice law enforcement people basically have no. Why do so many court, knowing that the case will be closed eyes blind to it? Because of the power and its security presence, in some mediocre spineless person eye, fairness and justice are like floating clouds, he has even conscience will not have. As long as the system is temporarily not collapse, his seat and good still, which tube you tomorrow deluge?

No law, the country will have no legal standard, legal rights at any time can be overthrown, he put aside, the emperor made out with, as long as it is greatly small emperor uttered words, is the law, like the feudal society, this time, it needs rational officer, need to adhere to the conscience of the fairness and justice of the law independent.

 

Three differences between the rule of man and the rule of law

 

What is the difference between the rule of man and the rule of maximum? There are three characteristics.

The first feature, the rule of law is the rule of law is the majority of people, said everyone desirable, said of the will of the people; and the rule of man is a person's will, with instructions, the leadership to do have to do, this is the rule of man. The majority of the rule and the personal rule, are governance, but will not the same source and representative. This is the difference between rule of law and rule of man, this is the first characteristic.

The second characteristic is the prior treatment or after treatment, the rule of law is applicable in accordance with the rules established in advance, the law of the twelve tables, the Shang Yang trust, a suggestion will reward you, prior to the rules, make out will do, including legislators must abide by, are the prior legislation. The man was later, after an event takes place, and then randomly introduced processing principle, policy rule, along with the social status, change.

The third difference is rational governance, or motion rule. Rule of law is the rational management of the national court with, let the country in accordance with the order, to resolve to the rule of the channels, secure and steady. But the rule is to engage in sports, like everywhere parade, the suspect to the square sentence processing assembly, open, all of a sudden heavy blow, all of a sudden a lighter. Now the court as advocate what "criminal law" on the harmonious justice, criminal reconciliation, to spend money to buy a head, a huge compensation, the victim's understanding, can not shoot, this will inevitably lead to the money the judicial, rich people to death, poor in money for life, legal principle will be the destruction of all gone. Son had died, my old no pension, you give me one million, I must write the book understanding. The murderer could not shoot? Where the country's judicial credibility? If I was a poor, two old compensation costs one thousand yuan can't pay, my son had to the execution ground. The country became a what kind of state? Rich countries? The hell for the poor? Some of our officials simply do not know how to rule a country, this is the so-called "Harmonious Judicature" under the abominable variants, is the serious damage to the national law. The penalty may be mediated, now many executives often encourage the way, this is the consequence of the principle of judicial harmony, do not speak, do not speak the testimonies, doing so, look at the immediate interests. Balance is level, it is the skill, is stable. The vulgar management popular. Public power, is not the mediation, cannot let the degree, to the 10000000 person, full of iniquities, the killing must also be killed unless China, abolition of the death penalty. If the party took a Book Understanding can not kill, "of money to buy life" will quickly become a judicial scenery in the China. Now many of the law enforcement agencies, as the Macro Thinking on the whole problem, net a fart, will do a very poor staff. Rational governance not only pragmatic.

 

The judicial pattern and Chinese function of lawyer

 

Harmonious justice is the Supreme Court has encouraged this two years, I have been affirmed him, and questioned him. Harmonious justice in court without principles in handling cases, many should accept not accepted, judicial area of failure, give up the judicial review to administrative power restriction, with major issues, not to intervene in the market economy. Shaanxi coal mine nationalization, the most typical, Zheshang investment more than 500 billion, in market economy, planned economy mode, difficult negotiations to buy, government pricing it away. Investors may, the provincial government and the Supreme Court a orders not to court, the court will not go in, judicial all failure, this kind of thing will happen only China. Private entrepreneurs in Wenzhou spend 3 hundred million to buy coal mine, is the market economy, to negotiate to buy, and now the government to recover the state-owned, say to you 1 hundred million, you must give it back to me, no longer is the fifty million, also not give, the mining license revoked, turn off your mine. The reason is the control of mine. But the state still mine. Take this way, people think you are unfair, to sue you to court, Sue, the court will not be accepted, this is now some local social contradiction solution. Forcing you to seek administrative power, judicial automatic castration to function.

Access to a market economy, lose of planned economy, equal to the national form of deprivation and collection, so is the Harmonious Judicature, judicial function failure, can be set aside, to spend money to buy peace. As Hu Bin Hangzhou racing case, Zhejiang before the traffic accident compensation does not exceed 360000, the Hu Bin case online a coax, everyone has no legal standard, and finally lost about 1100000. From the Zhejiang traffic accident case court no trial, because there is a benchmark in there, you re sentenced to compensate for about 300000, according to the average income of the last year of each month, the national income calculation, the amount of compensation to 30 tens of thousands of victims, are not satisfied. So he didn't want to go to court, also don't ask a lawyer, you go online alarm, called more fierce, cry of children milk. So everybody to the online public opinion, hire a network Navy, making an event, one click millions, in both the political commissar, the Supreme Court has taken, this problem is expected to solve.

The most typical is the "Crazy" event, the father was a mental hospital for 14 years, 24 years old daughter keep one's integrity, if who put my Dad saved, I will marry you, if there is a wife and I'll give you a maid to do. Night storm red, three day Dad out. This rescue is not a person, millions of Internet users. In fact, the beauty can't marry, because he is a man, not "Zhang Hanyun" the keep one's integrity. He put all the Internet users play a, but dad play out. This is a mockery of the entire Chinese judicial machine.

The Xinhua News Agency published a signed article says, should pursue such dishonest network cheater. But he did not expect, swindlers made justice event Chinese court, Chinese police, China lawyers fourteen years not to do. A Chinese citizens, no families agree, no trial, you by what public security bureau to psychiatric passes 14 years of others? This is the breach of privilege, or illegal detention? Such terrible things in China and how much?

This is the current China legal, Zoetrope emerge in an endless stream. If I was a tall man, see such things, the public security organ may convene national good governance, why a diorama of such things can solve our judicial organs in 14 years can not solve things? Public power we do what to eat? Network so make it out, for a civil illegal detention of 14 years, the public security bureau is not removed? So the harmonious justice, a lot of things in our judicial organs without principles in handling cases, no principle of conformity, Internet users to control the justice, national credibility in a complete mess.

   There is also a judicial activism, the court should not pipe pipe things, also went to court to demolition, family planning, you can others, others also makes you. To the last turn family intervention you, intervention by intervention is contradictory to the stereo, you intervene in other people, people will also interfere with you now, judicial activism led to very serious consequences. Originally, the court will not ignore, is stable, like America, is nine people ruled the country, USA nine justices management a steady state, never appear in public, what events, I judge, ruling. Do social regulator. How much China judges? Not nine, has not announced the exact number, because China judge is the world's most, the most Chinese judges, no country has so many judges, but so much of the judge, but everywhere the miscarriages of justice.

The third is the "big mediation". The court escape responsibility. Mediation is what mean? Both parties are willing to, not the responsibility of the court. You agree to adjust it, I'm not sentenced, half a year, drag dead you, forcing you to tune. Many cases it can sentence, why not found? This sentence, here are the comments of secretary of provincial Party committee, provincial people's Congress, there are instructions, this is the friends and relatives asked here, there is the old superior support here, both sides not to be offended, there is no way to judge, how sentences are offending party, so only tune. So once you are willing to do this, party, don't blame me, both good account. Where dare openly condemned. Mediation, the surface is in harmony, in the final analysis is to give up the legal principles wishy washy, responsibility sharing, many cases when sentenced to not judge, judicial efficiency is low, become the tofu court, the court and the village committee almost. Unable to resolve disputes, also cannot.

Asked the lawyer to talk politics, talk about harmony, participation in mediation, to abandon the principle of law case, the sense of problem solving for the highest purpose. So many of our judicial philosophy, the following two beautiful slogans, hidden a lot of fallacies completely contrary to legal philosophy, adhere to the principle of the lawyer handling but suppressed seriously. Cause degradation of the lawyer team selection. The lawyer to meet, to engage in blending judicial, everybody is drilled into the money inside. Don't talk about the law, do not say a principle, not real plead for the people, Kuangfu justice, stick to the law of conscience no, bluff and deceive, get the money again, and the public security organs blending, to accompany them to drink, earned fees together, these lawyers feel just like a fish in water. Harmonious? Everyone in harmony together.

 

Why should the court say?

 

So a fair, transparent, independent judiciary, is the cornerstone of national stability, we use what means to achieve stability and harmony? Not by high pressure, but a legitimate, by contradiction brought to court.

Why should the court say? The court also not immortal, now the national court of corruption is also very powerful, but we still need to understand, a civilized country, must rely on the court. The court corruption, cannot become the reason we go to court. The court is composed of people, he is certainly not more likely than the administrative power is brillant. Then why do you want to put the power of final adjudication to them? Because the courts have a system to protect his justice. This is the system guarantee fair. As long as strictly abide by the law, can realize man cannot achieve fairness.

The open trial, rigorous procedures, both sides cross examination, defense, information transparency, and listen to the Ming, the right of appeal, the protection of the rights of democratic procedures, collegiate, public supervision, and judicial final right, after the court sentenced, you'll be recognized. A series of procedures, safeguard judicial not listen to only one side and the black box operation. The scandal by public trial, will be exposed to the sun, social supervision it back on the right track. We must let the people to achieve fairness and justice from the court, to the rights to the court. Now the court judge like this. Like the Fuyang court for three Dean problems, Wuhan, Shenzhen intermediate people's court judge batch problem, vice president of Supreme Court is also a problem, the senior court sentenced also level 10, the court can believe? We still have to believe, this is not the letter, but the letter system.

The invention of the human society, only the most scientifically court mechanism to guarantee the realization of equity and justice. The black box operation of power can only lead to dictatorship, disaster. Even if the court were such fools, we have to believe, through the people's election, we put on a good judge, judge selection system is not reformed, thus to cancel the court, by the Commission for Discipline Inspection to protect justice. The mechanism of this closed guard justice can not discipline. Because of Chinese court in no position, his young wife, on the right toe, good character to judge it cannot produce, mediocre officers, corrupt officials will continue to occupy high, China court will be so spineless, appear so many faint official and corrupt officials. If Chinese court and American courts, tree so high, proud occupation self-esteem, sense, true justice will appear. Because what we now select the judge standard? Not upright and outspoken, is to choose good mediocrity. Listen, when the president, not obedient immediately removed. So the fairness and justice of the judges will choose? Selection criteria we had problems, so elected only is the mediocrity and the slave. Mediocre officials, only to send, send money no, only by the. We judge why so many problems, and we choose standard directly, relating to our talent base line, the fundamental problem. Not a court the system design itself is the problem.

We must set up China public confidence in the judicial, the people brought to court, the contradiction to the court, the social confidence to the court. People feel that the court had, not the appeal, the court sentenced is absolutely right, the judge is to be believed, the court is everyone must abide by the. So, fair and transparent judicial independence, is the cornerstone of national stability.

And the authority of the court once set, Chinese lawyer's status is also up. Our lawyers do? Is to persuade the judge, in open court to convince the judge, let him the next, choose and follow what is good. Yesterday a lot of Professor, I am in favor of. Lawyer commented on the court, we are not in the mobilization of the masses, let the person next to busy, we let the judges to accept our views. If the judge is no place, they have no power of decision, is listening to a behind the scenes power, our law about three days and three nights of no use, he also hates you. Because power may already have told him how the verdict, he just want to get a smooth finish this surface form. You speak for three days and nights, as Procuratorate, appoint a telephone, is leading a instructions. Therefore, without the court's position, there is no legal status. Just like the court like a court, China lawyers can be like a lawyer.

 

We need to rethink and clean up the Soviet legal heritage

 

  Judicial reform, our country's overall effect, has the very deep Soviet legacy. The Soviet Union has now collapsed, as Russia and cis. Legal system of the Soviet Union we China inherited the best all-round. After Gorbachev, general secretary of the Soviet Communist Party Central Committee Zyuganov, summarizes the lessons of the demise of the Soviet Union, summed up the three characteristics of the former Soviet Union, is a political and legal system of monopoly power, the two is the feudal privilege monopoly economic interests, three is the monopoly of truth ideology management system.

Now China took second, feudal privilege monopoly China economic interests, especially the operation mode of the planned economy, we see he broke. This 30 years our economy make a spurt of progress, is because in the market economy, economic freedom, fully in accordance with the capitalist countries. Our success, 30 years into the second largest economy in the world, more than Japan, germany. However, the other two heritage, we inherit the good. Succession politics legal system, OK? The ideology control in prison is not firm? I'm a ifeng.com. The day before yesterday, the Hongkong Legislative Council rejected the Hongkong SAR Government 6000000000 Asian Games application, add a note saying, China deputies, what when can this management of national budget is good. This post has what problem? Let people choose 6 billion should take, what's wrong? Our Olympics, World Expo, money has never been to the National People's Congress to approve, the delegates did not know. Who are the people be in power of the nation? But my academic network immediately blocked won't open. Delete micro-blog link, half a day before and opened. Internet censorship now, do not understand politics, also do not understand the economy, more do not understand the law, and he did not obey the laws. Because China no "news law", he was hiding in the dark tamper. This is not the power of management of the society, is a "dirty" approach, method of the hacker crime. We don't know who my shield, news review our, do it in a dark corner, which is what a country? A problem you can clear out, you can investigate illegal incite people according to the law, but you are the national public power, is dignified and imposing, black society up to you can't. Democratic and legal country, how can tolerate this kind of means to control public opinion?

Now the three heritage, heritage we throw the economic system, legal system, the ideology control heritage heritage, we cling, completely inheritance. They have thrown, test is failed, subjugation, disintegrated, we also serve as baby. So we must be soberly aware that, Chinese of reform and opening up, must be walking on two legs, the reform of the economic system, political system must keep pace with the. The political system, an important content, is the reform of the judicial system, the reform of the political system can be the minimum price, will not lead to confusion breakthrough. The lawyer system reform, the reform of criminal procedure system, only a small part of the reform of the judicial system.

The criminal's point of view, the former Soviet Union's heritage is what things? Criminal litigation, the Soviet Union's Procuratorate, secret service organization, chica, can control the court, can decide the outcome of the case, the court is a form of. In the struggle, the cleaning instead of the laws of the state, instead of the court. When cleaning the central, a large number of members of the Central Committee is direct military shot, the investigation organ of power than the court, above the law. Stalin murder is very convenient, the court did not use, the court trial form are not go. We are studying the cultural revolution, the Court invalidated, justice void, workers can kill, Liu Shaoji without trial is traitor, traitor, big big scab. Is not the criminal charges, not the crime criminal law, there was no criminal law regulations, only Town, is a political crime. No trial, no defense attorney, then early in the campaign has been destroyed. This is the inheritance of the Soviet Union that set. So why do I say, high high law experts said yesterday on the way, the amendment of the criminal procedure law, without my macro. Because they are in the cage, want some tinkering, no consideration for 60 years, need to seriously reflect on the former Soviet Union to clean up bad of our heritage. "Criminal Procedure Law" is not addressed in this fundamental issue, change the sentencing system below, are minor problems. Root rot, the leaves may not. "Criminal Procedure Law" amendment must have thought, must set up the authority of the court, the court as the center of the establishment of criminal procedure pattern, let the investigation, litigation court phenomenon to command. Now the theory, let the court, public security, procuratorial work closely with the Commission for Discipline Inspection, bullshit! If so, the court heard the investigation, arrest criminals, without the need for a trial, the investigation organ idea and no one to examine him, no subsequent defense and questioned, miscarriages of justice will occur. Lawyers have what use? Male, inspection status not only than lawyers, in fact than the court also high. The court now afraid, afraid of the Commission for Discipline inspection. Why? Because the back many judges ass shit. If the case to support the lawyer's point of view, not in accordance with the Commission's point of view, I request, sentenced him off, then judge you waiting to be caught. Commission for Discipline Inspection of the drawer has a pile of letter of accusation, find a can initiate arrests, and often catches a quasi. Such an environment, the procuratorate have catch human rights, Human Rights Commission has caught on, their charges to the court, the judge how he will defend lawyer to support anti-corruption case not guilty? It has also found out. I judge him safe. Grievance is Ji, inspection requirements, sentenced, for everybody to die together, to resist us a piece of anti. A lot of things, is carried out according to the Soviet model of judicial design, the procuratorial power of our very strong. There is power of investigation, detention, arrest, appraisal right, right, right, right of checking deferred prosecution right, right, right to protest, judicial suggestion right, court supervision, monitoring of the supervision, public security joint perjury investigation power, grasp the right of lawyer. Every action link, he has all of the. The right of public prosecution and the right of investigation of mixed together, a trial, lawyers do not know, judge what ideas, the trial secrets can't tell you, tell leaks, the judge can be removed, transferred, lawyers can be punished. And the procuratorate can ask, can also listen to your core, to the judicial committee to listen to. Listening is not good, go back to a judicial proposals come, and your law is absolutely impossible. "Defence balance", in Chinese is a form of. Where the court justice, balance of surface, back to the judicial committee, absolutely not balance, the prosecution is strong, the defense has no position, a lot of the verdict, don't come, because he knew the results. Only lawyers have ears in the tree, in this case, guilty or not guilty. This is the status quo Chinese court, where these things? The Soviet Union is inherited, Cheka, procuratorate is far higher than the court, he kills the need for a trial, the military is solved, the court is what? Lawyers don't need. So, this is the first criminal procedure to clean up things, is the court's status.

 

We should cancel the procuratorate investigation right, separation of investigation and litigation

 

The lawyer and the prosecution status must be equal. "Criminal Procedure Law" revision, not small patch repair, but from the fundamental procedural structure, re construction. You must cancel procuratorate to attend the judicial committee's rights, lawyers do not know, procuratorate cannot know, let the court independent discussion. Cancel court supervision. Yesterday, Wang Jun director said, to strengthen the judicial supervision, procuratorate is called the sentencing suggestion, the lawyer called sentencing opinions. Propose a supervised. This can be seen from the inside, the procuratorate is that the court does not have what equal defense, not only with your lawyer is not a level, even the judge, I always have the right to supervise. I am the sentencing suggestion, you court must seriously. The lawyer, said that, the reference. Sentencing proposal submitted to the court, should do, the proposal must respect. The lawyer's opinion, can listen or not listen.

This is not his conservative, but we China present criminal procedure law, design power structure is such. Reform based on the method of high now, have such idea. This reflects the influence of the old Soviet law thoughts on their. I is the public authority, on behalf of the state prosecution, safeguarding national security; and you are to the murderers, rapists defense lawyer, you almost as much as the murderer, rapist. Your opinion is not with me flat on a flat. The 60 year old law of Soviet ideological education influence down, many of our procuratorial organs of the comrades, including senior comrades, from the deep influence of Soviet legacy without knowing it, thought has legal basis of firm.

Many academic fields, especially in some international criminal procuratorial system of our forum, comrades, with lawyers, scholars always say less than a block, often fighting. A few days ago, Professor Chen Guangzhong on the spot with the procuratorate fighting, they say "Criminal Procedure Law" than "lawyer law", one is the National People's Congress plenary meeting passes, one is the NPC Standing Committee established. The lawyer is to limit the right of meeting. Said the lawyer law of criminal procedure law new legislation not high.

Basic knowledge of legal level of the same legal origin of common sense, it is better than the old law, such a high-level meeting, he would tell the layman. In fact, he is not an outsider, is the fundamental reason for the Soviet legal idea ingrained. He is not an objective to explore how to progress of the rule of law China parochial prejudice, but very deep, standard idea heavy, for their own system for rights. We are not high, high leadership person has what problem, is the impact of the subconscious, their thinking mode has already been fixed. The level of their law, their social observation to understand, much deeper than we. But because of our whole judicial idea is influenced by the Soviet Union vestiges, these phenomena arise.

So my advice is, cancel procuratorate investigation right, anti-corruption, anti Du into the series of the anti corruption Bureau; cancel court supervision, to attend the trial committee right, checking back right. The prosecution must be the same as lawyers to defend the right balance, rather than lawyers, more can not be higher than the court. Similar to the Anglo American law system countries legal prosecution. More can not limit the witness, catch the witness. Now the anti corruption Bureau and the joint holding, intimidate the witness, witness the restriction of personal freedom phenomenon is very serious.

Checking back complaint, questions yesterday many lawyers interaction, I here. "Criminal Procedure Law" no such provisions, is the implementation of opinions of the Supreme Procuratorate yourself a criminal law interpretation, that can be withdrawn, but also strictly limited "no new facts, no new evidence, shall not be prosecuted". Criminal procedure law of the Supreme Court implementation explained, also stipulates that "no new facts, no new evidence, not to accept the". Therefore, strict regulations are not, there is. At the legislative level, they have the "Criminal Procedure Law" restrictions on rights, high, high by using the method of expansion of judicial interpretation to explain, in the judicial practice, and further expansion, no new evidence, new facts, he still prosecution, court still accepted, our legal rights is diffused. For this thing, the bucket with the procuratorate in Zhejiang Lishui court, the two court, my innocent comments he cannot be refuted, court, prosecutors dropped the charges. A month and V.. I say this is illegal, is your own local procuratorial organs for food stamps, examines their explanation, read "Criminal Procedure Law", there is no checking back right? Even if in accordance with the provisions of the Supreme People's, you have no new facts and evidence, you have no right to sue. And they said, I have new evidence, so from a group of evidence inside out a page copy, this is when the prosecution copy of the missing, it is the new evidence?

 

The right of public prosecution and the defense rights must be equal

 

So, Chinese court, lawyers and prosecutors inequality. Many Western defense system of the court, the prosecutor is a lawyer, Hongkong lawyer, public prosecution function is the lawyer, both sides is a lawyer. And we China, prosecutors, court, with equality, common deal with criminals and lawyers. For example, perjury, in fact, we all know, a lot of perjury, false evidence in court, is the public authorities Bureau of public security, procuratorate provides. The false evidence in court is the largest of the prosecution. Evidence of torture to extract confessions, is the biggest. But there is no police, prosecutors perjury? No. Only lawyers perjury. Only the crime of torture to extract confessions of public power. Put to death, cripple is crime, make available to the court not guilty of perjury. If equal for litigants, prosecution, investigation are parties, shall be investigated for perjury them, many police, the people of the Anti-Corruption Commission for Discipline Inspection, many people can be sentenced to. Why perjury exclusively for lawyers?

There's an anti malfeasance investigation, anti-corruption investigation, and has the right of investigation, and the power of arrest approval, and supervision, and a joint public security holding right of lawyer (perjury), scratch card human rights (bribery), the case below, the how to balance? But our surface criminal procedure law and write the balance. These legal joke, has been in the China existed for sixty years, this is the Soviet legacy, we inherited from him that come, come.

Another problem, the cleaning instead of judicial problems, in the current China has the expanded tendency. "Constitution" regulation, in addition to public security, security, procuratorial organ, any other individuals and units, organizations, or restriction of freedom of person, may not be a criminal investigation activities. But our long-term, openly in violation. The party took the laws, regulations and rules strictly avoid handling time to meet with a lawyer. We will set strict civilized judicial, must limit the discipline review judicial review to discipline, the party instead of criminal investigation, restriction of personal freedom, must be resolutely banned. The former Soviet Union's judicial heritage impact on our Chinese today, must be removed.

 

The lawyer's criminal defense function

 

Lawyers function is used to doing? Restrict public right abuse, preventing judicial errors, find the truth in a legal battle, to prevent miscarriages of justice, to prevent the killing, preventing 30% cases. In the anti-corruption case, at least 30% cases. The data is very difficult to believe, but I am absolutely certain. Not completely innocent cause, but cause a false story has sentenced, there is at least 30% cases. The severity of the public, many people do not know, or know rather than admit. A lot of procuratorate from out of the bar, they will admit it, some people think more. According to my own work experience, the figures are conservative. Of course, this argument, the procuratorate, the Commission for Discipline Inspection is not recognized, many lawyers if done duty criminal defense, I believe you know. The petition that miscarriages of justice is far more than this proportion.

Some grievance grievance is not innocent, with some officials are guilty, but in each case there are water, most of the plot of the case. The individual plot case, is a common occurrence, at least more than 90%, 1000000 may 500000 is false, there might even 800000 is false. I defend the second instance in Hangzhou Xiaoshan a grievance, charged 580000, first row in 520000, in addition to more than 6 is called the office finishing return not timely pay off, still sentenced him to 5 and a half years. The digital count down, sentencing is up, he wants revenge you, you said he was torture to extract confessions made false, that you are not honest, bad attitude, more than 6 can also give you 5 and a half years. You Wei court judge, exposing a confession by torture, attitude extreme, heavy sentence you. How 520000 false testimony? The court no matter, he must protect the procuratorate, to pay no heed. Cry is a bad attitude?

Our lawyer now, is to be in court, let the weak defendant to tell the truth, the lawyer will help to lose freedom of the investigation and evidence collection. Yesterday Professor Gu said, do not advocate lawyer investigation, without a lawyer proof, as long as the split prosecution evidence to defend is enough. In this Chinese do not. You don't study, no counter evidence, prove that the defendant is innocent or guilty, sometimes the basic organization not tight defense system. The lawyer must safeguard the popular human rights, to prevent social irrational catharsis, prevent the judicial power, let people can achieve fairness and justice in the court. All this, is largely a matter of law implementation. Like the Zhao Zuohai case, our lawyers raised, not to mention, but mention is not strong enough, at that time did not have the network society. Li Zhuang case I full disclosure, all evidence directory is open, the verdict is disclosed, then get the local nervous, this is a major constraint to them, the judicial openness is the greatest power. To make the whole society to supervise the judicial operation, ensure the fairness and justice. The court the truth is different from the network events, it is confrontational, all points of view, the evidence display. To let a little legal basis are seen on the wrong, to know the truth. Our lawyers, through legal service work, harmonious and stable state, to the army back to court, let the lawyers in legal language and rules, speak out those public power to control people's real idea, let the court make a reasonable decision, a lot of eliminating social violent incidents, reduce non a rational crime, to achieve true harmony.

 

China lawyers facing difficulties

 

Chinese lawyer living environment at present, as you know, the worse. The political difficulties, not to be trusted, the plight of criminal defense, defense useless. This year I do seven or eight criminal cases, three is the case, pleaded not guilty, the court made a verdict of guilty. I do not specifically innocence lawyer, but because people everywhere around, or find I hope I fight, because the current environment, directly with the case made against the risk is too high, the general counsel are not willing to take this case. I don't want to answer, but to look for more, see him too far, also with a few, then sucked into the vortex. Tired, furious, but the results were not for redress. A Wenchuan Huzhou donation of cases, four defendants were found guilty of more than ten years, the second I involved in defense, more than 300 people in two court, inhuman torture of at least half of the people in the court investigation as a defendant by the tears, I make an argument, more than 200 video court continuous applause, after court the whole society spread, has The case is entirely cleared. grievance. The son of her mother's wrongs, on the courthouse steps of lawyers never walk alone, can not be pulled up, the audience cried. But the second instance trial dragged on for more than a month, internal coordination, repeated requests, still upheld. Because this case once acquitted, these people made a case to torture, no way. I've always thought, case is due to objective reasons, for the fault was a result of, now I have fully believe, many case is caused by the intentional act of. They know the case, to some purpose, also want to hard decision. Chinese the public credibility of the judiciary, is actually such loss. Many old petition cases, is caused by this. In order to cover up a mistake, only making more mistakes, to a small mistake, only making a bigger mistake.

Administrative litigation predicament, lawyer with public opposition, the difficult situation of civil agency; also have difficulties, judicial reasons, the corruption of judges, lawyers involved in the blending of justice. More serious than a criminal case. Because the concept of civil law criminal law more than fuzzy, judges have great discretion. Sentenced ten million to less, sentenced to ten million to.

The causes Chinese lawyer industry's current difficulties, factors of historical tradition, Chinese always 5000 cultural heritage, the rights of the minority majority decision destiny, the lawyer as the overwhelming majority of the people of the fate of the speaker, to equal dialogue with the right people, itself will cause to pressure.

Of course, law environment is good, but also with the political structure factors. Chinese lawyer not become free and independent power, the judicial power, Judicial Bureau of public security department is the most vulnerable organs, our lawyer is bureau of justice the most vulnerable young lawyer management. In the legal person, the lawyer is most vulnerable to the grassroots, Public Security Bureau of the strong, the procuratorate and the court is very strong, a university professor of national salary, what our lawyers have? The state does not give you a penny, but also to pay heavy taxes.

Another is the lawyer's quality factors, many lawyers in the National People's Congress, is the object of negative issues, being not speak up.

Factors, economic status of self occupation, the fierce competition. Like the Li Zhuang case, there are many lawyers to support him, but there are also many lawyers laughed at him, saying that he had a problem. Some people take pleasure in other people's misfortune, because business competitors, and finally this guy was caught, our business opportunities, economic competition caused such a state of mind.

There is a factor of legal ethics, think that lawyers are always for the bad guys. The lawyer is inherently bad, in order to make money is not just stand. Legal ethics attorney different feeling.

 

Criminal law sources of risk

 

Where a lawyer risk comes from? The first comes from public power risk, against the Commission for Discipline Inspection, offended the procuratorate, against Public Security Bureau, light is no business. You ask the lawyer? Oh, that's too bad. You ask him, we found a little more weight. You five years, you get eight years, public security organs handling people said, no business nature. Seriously, is arrested, meet in public security, conflict, corruption is not happy, he can find a reason to catch you, your complaint. Go to jail, specially installed the camera, is the supervision law.

And from the risk of the client, you can complaint. Please you, attorney fees, how much does not matter, as long as the earth. Once sentenced to no purpose, the other parties have a complaint you upside down. Of course, most levels of the parties will not, but the economy is very difficult, not high culture of the people, he want to see results, to pay no heed to your work, the purpose is not up to the complaints you.

Also from the risk, you murderer's daughter, one family was killed, after the court debate the door you can't go out, want to beat you.

The risk from witnesses, it is easy to get into a lawyer perjury, clearly is a torture to extract confessions false words, lawyers to witness testimony procuratorate truth, had caught, then fixed false words, witnesses said my confession, is the law education, and then to get a lawyer. Many young lawyers accident, lack of experience is not mature, they don't know where to go? Once you can catch the witness, is easily fixed to the procuratorate favorable testimony. False confession becomes true for, lawyers got really certificate, but become perjury, the lawyer may be caught.

And also from the fees of risk, like the Li Zhuang case, commercial lawyer as a listed business, 2500000, M & a project about one billion, he received 10000000, can be, no one said he is not normal. But Li Zhuang criminal defense civil consultant, the Gong Jia 1500000, became the biggest sin. Why? Comparison. Each class Chinese around, people differ in thousands of ways, the college graduates in some places, 1500 dollars a month, some poor country, the family income of 1000 yuan a year not to, on this money, in their eyes, Li Zhuang a case 1500000, in contrast to the economy of this, what is this not a black lawyer? Some relatively underdeveloped areas, like the Yunnan Guizhou Sichuan mountainous area, working out no, reduced to fleeing murderer, robbed and murdered the taxi driver, the death penalty after receiving the ashes, families cannot come, because there is no money, no money. The telephone said, the government you please, help us to bury. Such parties, 100, 200 yuan is a lot of money, you're a case 1500000, their surprise, anger is one can imagine.

Look from this standpoint, the lawyer is black. But, like the case of Wong Kwong Yu, the Rio Tinto case, if according to the standard charge only 30000 defense costs, he must think you wrong lawyer, get out of the price, there is something wrong with the lawyer. He won't ask you this grade of lawyers, it's out of his identity. He must not. Out of 1500000 is a billionaire.

I worked for a securities company chairman defense, the general office, the Ministry of Public Security Office of the CSRC, CBRC office's reply, said that the securities company of illegally absorbing public deposits 3200000000, can constitute a crime. The local public security organ for investigation in accordance with this reply, procuratorate prosecution according to this basis. Is actually a guaranteed return of financial irregularities, because this company after the approval of the SFC, can accept deposits from the public trust financing, is the "legitimate" absorb public deposits, rather than "illegal". Only with the base absorption method, in violation of the provisions of the CSRC administrative. If you press the "non absorption of crime", the five chairman can be sentenced to ten years to free period. I was a director is responsible for 2800000000 of the accused the heaviest pleaded not guilty, points out that the three office of the answer is illegal and invalid, confusion of the criminal law and administrative law boundaries, three office no judicial interpretation, he is not high, high, have no right to constitute to broaden the interpretation of crime. Therefore, the most important basis for conviction cannot be court. The five defendant does not constitute a crime. The court found the views of lawyers fully established, but the police have got two years, there is no way to not take it. And "harmonious", 3200000000 cases of illegal absorbing public deposits, convicted, but the four defendants, including me, sentenced to be exempted from criminal punishment, a chairman, sentenced to two slow three. Defense completely successful in essence. A situation remains grim death case, three Office approved the bill, to, and four other defendants, with relief, not shut. When I took this case, a defense costs standards, the chairman said, you despise me. Your lawyer, collect this fee how enough? Take the initiative to add a times, says it is still low, forgive me, please try to help me a due diligence defence. He said I could ask tens of thousands of lawyers? Everyone said, in such case, Is it right? Than a company listed on the much more important? The second half of life is not relates to the survival of a business, five people? If I take him a company lawyer fees, high? Is not high at all. But China criminal lawyer cannot close. We have a criminal lawyer fees. If I were in American, Hongkong, the case received ten million lawyers are not high. Therefore, the lawyer is in the face of various parties, to the minister, governor, down to the beggars, vagrants, are the legal service object of your. The legal services market is a different market, lawyers have billionaires, also on one's uppers sell blood work, charging standard is certainly not the same as. No way the case according to the extreme contrast amplification. However, the lawyer's brand is extremely difficult to set up, no true skill and genuine knowledge, there is no real level, not a classic case of strong wind and big waves come in, you can not enter the barrister's ranks, nobody will believe in you through the bragging. The parties, especially some industrialists, he will judge. A lawyer can deceive a case, but can't cheat life, can not rely on the establishment of long-term credit. The billionaire will not please no level, not to fight, no major experience, not a famous lawyer. Because of his man's life and family possessions to you. He asked the legal service standard is different. The ten thousand lawyers to let him see, selected as the defender, agent, few. So does not have what good jealousy. This is the market of choice, is also a penny. For no money for the poor, we simply free, legal aid, we Beijing Heng Group for over 40 pieces of legal aid last year, the National Post half lawyer fees, I Suolijia half to the lawyers, the parties do not charge a penny. The establishment of the national legal aid system, the government purchase service, buy the legal consumption for vulnerable groups. The lawyer himself if willing to free, this is his moral character, but you can't force a lawyer free. The same can not be civil servants to work, not to do not pay workers wages are not the same. Because the law countries do not give a penny, he is to rely on their own labor. His work is legal service, what should he free?! But our policy makers, did not see the difference. Now the network public opinion does not understand Chinese law service industry, it is easy to follow the trend, the formation of an extreme words hegemony. Not all position objective comparative study.

And from their peers. There are many risks, lawyers, between each other, each other to report.

 

Chinese is an old ship, we are his top seaman

 

Last time, about a problem, Chinese rule by law to lawyers and the future. China lawyer industry in the future, depend on the national judicial reform. We can only hope to civilization rational national judicial system reform, Chinese court has really set its authority, we have the position of lawyers. Only the court is independent of the rational, US attorney, agent is useful. The lawyer is an important strength of national stability, not alien force, to change the concept of worry about lawyers, to suppress the lawyer practice. At the same time, lawyers need to calm reflection, with the official must be read language, don't always complain.

I say this on many occasions: Chinese is a slow ship, we are on board the seaman, can only help paddling, let him drive a little faster. You don't a person from his speed to the old front running, you will bow from falling into the sea, drowning, now China some very sense of social responsibility of human rights lawyer, is to eat the bitterness, no analysis above and below the environment, a person fight a lone battle, great ambition is not achieved, put yourself first ruined. Of course, every age, there will be some people to sacrifice, there will be some forerunner to pay the price, but I still want the real thoughts are not bad luck. We hope to do a seaman, as soon as possible to help the ship forward, this is some of my own life.

   Thank you.

 

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