"Prison break" -- on the linkHttp://blog.sina.com.cn/u/3781356463

Recently, the lawyer Yang Jinzhu blog, see the "trial" added a bit of feeling.

Whole.BrokenThe prisonNote"Experience from the court himself justice by Liu Yibai shehei case trial think, consider, think, and syria. Around the attention, should be cautious counsel may appear, the impact of national a court, in the case of lawyers in contact. Can see that the work is a devout, attention, consideration of every detail possible (including toilets) whose purpose is to avoid the lawyer at court, want to put the case into a noisy family lawyer also rules, law-abiding legal trial paradigm -- the good wishes of his original intention absolutely true, I do not doubt. Unfortunately, such a system of internal and external as good people, holding such a prudent attitude, finally still not the trial control in the ideal state, to avoid the occurrence of lawyers make family events.

"Idiotic judge" the net is quite distinctive, although modest, but more is to through the blog with "remember" adjudicating cases show their true to court case, the lawyer in the trial of the false rhetoric, especially the lawyer Zhang Lei "Shuangfeng" "idiotic" evaluation, positive response to irony and make.

To be honest, a court trial committee to this case to its contractors, absolutely not only intimacy, crony daily with style, absolutely is the top master Criminal Court handling business, for peak steel on the tip of the. Moreover, the90In the early 1990s has obtained the qualification of lawyer (the court can obtain the qualification of absolute rare), engaged in lawyer, witnessed the social interests of all kinds of people, the experience is rich, have great experience, such people, many will gain, honor and very light, as people, life really calm, not panic. This is the mentality of the people out of the way the influential cases, less influenced by our special factors, traditional code of conduct and other external factors, follow the prescribed order, according to Li calmly dealt with according to law the hands of the cases, the Chinese speaking is absolutely a good thing. To put a hand holding the public judges, blog, narrative, in a fair way of reasoning the facts and truth, is a naked man style, performance, blog before a few not only I have some respect for the Lv Da dean.

Lv Da Dean before the court closed door carefully marking, understand the lawyer style, personality (summary make ten characteristics of trial lawyers), hoping to make the court (Trial conflict) to a minimum, fully shows that he is an active, pragmatic people. The respect heart again.

But with the "prison break" chapter remember deeply, because Lydda judge all the year round in the rule of law in China's environment, judicial independence, their environment, position, in the "features" court produce opposition, conflict, resulting in Lv Da judge in thinking, understanding, judgment is more and more emotional. Personal thought: as once Dean lawyer Lu should be more rational than the other judges, emotional conflict, occupation brought should be smaller. But with the "prison break" in depth, this idea bring regret more and more heavy, finally let a person feel disappointed:

"Ten," a sudden change in the situation:I always take lawyers when God as for a......

It is not difficult to see from his rational, prudent, with an obvious bias of occupation, for lawyers to nurse a grievance. The lawyer consultation, became "indicator", "command", because of their statutory functions limits, in order to own (some request also is standing in the whole court good, orderly interests) request, mutual friction, even conflicts are unavoidable, restraint, it is not rational, is a personal accomplishment, is the need to maintain the overall interests, the more need to control his emotions, not in favor of had better keep silent, rational, not to be emotional about conflict, to deal with conflict, such emotional under go to, is not in accordance with the law, make rational, calm and hearing more full conflict of gunpowder, will only make the emotional conflict handling increasingly.

"Ten," a sudden change in the situation:"I will take a court than the brethren court more severe punitive measures" "Xu was little angry also have a terrible place, detention"

Detention the court compulsory measures for illegal trial, pats the table is an expression of extreme emotions, may also be against the illegal behavior. If indiscriminately, positive, negative energy, the table is detained, the abuse of rights. Reality: the court ruled that the absurd, illegal is not readily picked up, everywhere? The author had in court -- that is filmed on the table for excessive free illegal is extremely strong judge, but afterwards but received legal person -- especially photographed many judges in court approval. The development of Chinese courts to now, legal person is not lack of courage to correct illegal to take trial table? Don't shoot the table by the absence of the rule of law environment? The final result leads to a flood of illegal behavior of the court.

"Eleven,Supreme directive"To the leadership of the fear, feel psychological description, although some exaggeration, but is seen on the power of the fear of servility (the superior power6Description indicates emotional -- dare I say it never is). This is a typical manifestation of the lack of judicial independence, disgusted and must surrender, accept the contradictory psychology -- with such contradictions, worry about personal gains and losses of psychological case, can be harmony?

"Eleven,Supreme directive":Can't help but worry, not to say to uphold the party's leadership? Does the law department is the exception? A large trial committee cannot coordinate, what can they do? The necessary institutions still? The lawyer had a party to raise, why eat taxpayers? If the court can make, also have dignity? The court once lost dignity, the court's decision will have credibility? Even if the court were not letter, how to solve the China social contradictions, by how a department to solve it?

"Expression of Judicial Bureau leadership immediately, a lawyer by the Justice Bureau is responsible for the Chinese, "I finally understand, why make trial lawyers leader will be in Hunan.

The Lv Yuan long in the preface "the old is province lawyers association secretary general", that is to say, the day is in charge of the administrative leadership and provincial lawyers association responsible for the basic understanding of people under the great influence, criminal trial, coordination, concerned about possible trial conflict -- a tribunal lead to detention, which is its administrative duties in a bar, but also on the protection of Lawyers Association of caring responsibilities; arrange the lawyer of Chinese food, it is also the normal cost of major activities of the lawyer, a lawyer from lawyers for, unlike many of the current administrative organs to work with host full use of taxpayers' money. This normal behavior, in the observation of the Lu tainted glasses become "entertainment lawyer with administrative expenses, encouraging a tribunal this lossy court dignity, is the rule of law in Hunan".

The leadership of the party is in range of the Constitution and the law principle, the principle of case in range independent processing is actually used, dependent, politics and Law Committee to coordinate; worry a court the court of dignity, the dignity of law court is a court make out? The court dignity is built in a fair, timely, really settle disputes, getting rid of the decision, reflected in the written decision objective, scientific, rational of the between the lines. Politics in the big, in the case of small talk, the only case law. Many old people filing the case runs leg cannot stand, the army grew, society size constant conflict, will undoubtedly have a court Lu Dean similar leading credit.

"(twelve), horrible black sets" the article is about the black jacket is the introduction of foreign human rights protection experience, not guilty suspect privacy protection based on.Said the lawyer has not seen the specification and solution. I have little learning immediately Baidu. That little, also have human rights, security, privacy protection to prevent the collusion and other factors. Also check "The people's Court judicial police escorting rules"But not on any of the provisions of wearing a black hood. It seems, specification does not include black escort, black head is just the innovation, lawyers for any judicial behavior law outside of the objection is not normal.

"(sixteen)" torture to extract confessions"The criminals killed the police is not news, police moved the criminal root hairs, absolutely is big news, lawyers are a deep dark this truth."

Such statements, personally think that relates to a matter of principle. If you really as a lawyer, you are one for many years engaged in the Criminal Justice legal person, you have an honest heart, with your contact, understand that our country criminal real evidence collection process, if you can frankly tell such a story, don't forget, the ground three feet with God if you are not afraid of nightmares.

I think you should know as vice president in charge of court of the Supreme People's Court on the "objective background non rules", to understand the few years but no one succeeded row cause non case, know you so dedicated, hard working, conscientious, responsible for the parties to be timid and overcautious to be very careful to face difficulties, you do not face the courage to fight courage is just, but mostly within the system of positive energy to be good thoughts, in the face of those who must perform against conscience, justice, muzzle up cm can be, you can instead of such a widespread violations flatter, conceal, you work so hard to dizziness, tinnitus, blurred eyes also no pity, is bring trouble to oneself.

"(seventeen) A single word of gold. and free lunch.":"The scope of the defendant and counsel" of the court debate is the half of the day.

What the judicial practice who deliberate misinterpretation of the law? Criminal case meet the difficult, scoring difficult, difficult, civil case trial time lengthen, enforcement is difficult and so on general strange phenomenon, is not the rigid laws misinterpreted as dough results? The initiator of evil who do mental Lydda, unclear? Usually do not hold, then struggle with the lawyers misinterpret -- have the heart, the real legal terms used daily in judicial practice to implement, is more important than what.

"But the cost of transportation, accommodation charge family pocket, it scared the shit out of you, as long as thirty thousand yuan,"Said the lawyer named free actually disguised by charging high travel form of a lawyer defense costs, how have travel, free defense should not receive travel, I didn't participate in, dare not jump to conclusions, individual lawyers privately through a travel name make up some free defense loss may also exist, but can you so guess all free of charge to defend for travel? Can you guarantee that a lawyer who defended the free fight north and South Sike in case a penny never charge? Lawyers are not saints, on charges of living, as long as the two sides is voluntary, are reasonable, compared with those three public consumptions, Bo Tim Tin Mat, waste, waste of taxpayers money also calm "serve the people" behavior, positive and negative energy that its bring to society, factors are not comparable?

     "Let me tell you, we are ready to make the court of the glorious image of lawyers, bought Shuangfeng's best video camera to record the lawyer, I just too clumsy pen, do not have the ability to fully expose the true face of big lawyer." "While watching the court records and" Shuangfeng ", he wrote"-- if the true, ventured to ask: dare to court trial video linked to the Internet, see light the merits of non public use only, do not feel wronged cries Lu Dean, her tears the.

"(eighteen) a heinous typos and dangerous members" blame the trial lawyers to typos carp waste of time, but the emotional confrontation with the Chinese court trial, prosecutors, judges are not do many more carp about a lawyer?

Touch on lightly"Commission for Discipline Inspection handling public security early intervention"Lu president, asked whether early intervention against illegal? Lawyers are violations of the objection, Lu, thus increased to alienate9000Relations with the Commission for Discipline Inspection, the public security million members, is the National Lawyers to the court when the enemy, the people of the whole country hates not smash the public, prosecutors, law.

Personal feel, scale expansion9000Million members of cohesion is the lawyer comment can alienate, collapse as a party member, you underestimate your organization;"The people of the whole country hates not smash the public, prosecutors, law"?In the whole of advocating rights and money society, on behalf of small personal private interest lawyer can always get grovelling in the perturbed, dare to smash the public, prosecutors, law? Unless it doesn't want to live, exaggerated on lawyers that, Lv Yuan Long and too not respect facts.

Early intervention is truly to you said"In order to shorten the period to prevent major case, case of extended"? You can't say not bad, a legal person how couldn't talk about whether this behaviour and "judicial independent principle" counter? Isn't it will therefore justice coerced to a block, in order to maintain it is Wei Guangzheng image, unity will be another illegal, wrong to the end?

"(twenty) do not want to appear.":The police do not want to appear is afraid of big lawyer shame.

Politics and Law Committee under the leadership of the joint case handling, a greeting judiciary law character Pidianpidian unconditional respect, can then perform the "criminal law" the legal obligation, politics and Law Committee has called motionless, Lu Dean think normal? From the Criminal Court prosecutors routinely produce "case", that "does not appear in court to note that all the police", "law-abiding, civilized case", so that law-abiding, civilized people, in the national attention court show their law enforcement civilization, promote its glory too, if you would humiliate a representative private rights lawyer?

"(twenty-two) counsel division": Lv Yuan Long anxiety "time trial", think big lawyers deliberately to drag it to the2Month8Number, that is wasting everyone's time, spent the court micro-blog office funds.

The monsters, Lin big miscellaneous, any industry people's thoughts, ideas, moral will uneven, some good and some bad, could not agree, and free occupation lawyer. Different views on the trial, cross examination, be in Lydda dean as division. A split, dissent is normal, but who views, dissent is to respect the legal procedure, investigate the case, promote the rule of law, has long been engaged in judicial practice in Lydda Dean, not positive comments, but steal joy that is laughing at the lawyer division, from the original lawyers into the system of the powerful now, really confirms the environment makes man.

Lu spent much of that lawyer will delay to the case2Month8Number, the actual?12Month24Day20When the02End.36Defendants cases after sixteen days of trial, may be half a month ahead of the credit must be effective judicial organization Lu Dean. As a legal person, ask yourself,36One case, only the "provisions of criminal procedure law" program to walk, how much time? Also don't say hundreds of volumes of contradictions, many doubt the confession, testimony of witness, documentary evidence, material evidence,    Witnesses in need of legal person responsible in court through cross examination debate responsibly, discard the false and retain the true, sixteen naive many? I witnessed Chongqing Gang is efficient, two, the thirty defendants for two or three days, without a misjudged case. This is probably the highest efficiency, Lv Yuan long pursuit of the best effect. Do you think the legal person sitting in court at that time is the immortal? Such a short period of time can be serious and responsible investigation dozens of major? Lu justice can imagine, thus creating a lot of happy family long and endless pain.

Conflict of criminal trial, the defense and control is just one of the characteristics of our judicial practice. Many constitutional rights, the rule of law can not be implemented into the cake, a serious lack of consequences of judicial independence. As a system in the judicial practice frontier leadership, not with the specific problems in practice, according to the National People's Congress Standing Committee, organization, you are the Supreme Court to offer advice and suggestions, to promote the rule of law construction, but also the court conflict blame blame on behalf of weak private rights lawyers -- really a disgrace to you as a the legal person status.

Since the "prison break" remember opening Lu showed psychological expectations of law Dean, the trial in accordance with the law of the goodness, beauty, and the trial there are so many unscrupulous lawyer to vandalism Lu dean to the spirit of the rule of law as the foundation of ideal trial court, the court is the best method to realize the video material guidelines, evaluation, education function, also with "Several provisions of the Supreme People's Court on the trial activity recordingConsistent with the spirit ". Therefore, urge the court video will be linked to the internet. When you don't bother trying to fight a few unscrupulous lawyer, the people of the whole country, and reviled slobber bar disciplinary measures immediately will serve several. To ask: a big, big chief judge Lu you dare?

There is one point I behavior on Lu Dean is positive -- that is the open blog talk, because the truth more clear, more distinguishing truth more clear, open debate your behavior, absolutely positive energy than by power be rude.